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Old 06-26-2017, 09:45 AM  
Eleazar Eleazar is offline
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SCOTUS partially reinstates Trump travel ban

Court partly reinstates Trump travel ban, fall arguments set

By MARK SHERMAN, Associated Press

The Supreme Court is letting the Trump administration enforce its 90-day ban on travelers from six mostly Muslim countries, overturning lower court orders that blocked it. The action Monday, June 26, 2017, is a victory for President Donald Trump in the biggest legal controversy of his young presidency.


WASHINGTON (AP) — The Supreme Court is letting a limited version of the Trump administration ban on travel from six mostly Muslim countries to take effect, a victory for President Donald Trump in the biggest legal controversy of his young presidency.

The court said Monday the ban on visitors from Iran, Libya, Somalia, Sudan, Syria and Yemen could be enforced as long as they lack a "credible claim of a bona fide relationship with a person or entity in the United States." The justices will hear arguments in the case in October.

Trump said last week that the ban would take effect 72 hours after being cleared by courts.

The Trump administration said the 90-day ban was needed to allow an internal review of the screening procedures for visa applicants from those countries. That review should be complete before Oct. 2, the first day the justices could hear arguments in their new term.

A 120-ban on refugees also is being allowed to take effect on a limited basis. Three of the court's conservative justices said they would have let the complete bans take effect.

Justice Clarence Thomas, joined by Justices Samuel Alito and Neil Gorsuch, said the government has shown it is likely to succeed on the merits of the case, and that it will suffer irreparable harm with any interference. Thomas said the government's interest in preserving national security outweighs any hardship to people denied entry into the country.

Two federal appeals courts had blocked the travel policy, which Trump announced a week after he took office in January and revised in March after setbacks in court.

The 4th U.S. Circuit Court of Appeals in Richmond, Virginia, said the ban was "rooted in religious animus" toward Muslims and pointed to Trump's campaign promise to impose a ban on Muslims entering the country as well as tweets and remarks he has made since becoming president.

The San Francisco-based 9th U.S. Circuit Court of Appeals said the travel policy does not comply with federal immigration law, including a prohibition on nationality-based discrimination. That court also put a hold on separate aspects of the policy that would keep all refugees out of the United States for 120 days and cut by more than half, from 110,000 to 50,000, the cap on refugees in the current government spending year that ends September 30.

Trump's first executive order on travel applied to travelers from the six countries as well as Iraq, and took effect immediately, causing chaos and panic at airports over the last weekend in January as the Homeland Security Department scrambled to figure out who the order covered and how it was to be implemented.

A federal judge blocked it eight days later, an order that was upheld by a 9th circuit panel. Rather than pursue an appeal, the administration said it would revise the policy.
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Old 06-26-2017, 10:49 AM   #16
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Old 06-26-2017, 11:06 AM   #17
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Originally Posted by Just Passin' By View Post
While I expect that to be the final result (assuming the case continues under the current rubric), this ruling doesn't necessarily do that. What the court has done is eliminate the ridiculous idea of people who have nothing to do with the U.S. having standing to demand entrance to the country. That was never going to hold up, even in a case where most of the travel ban gets overturned.
It's also important to reject the restraining order in a national security case.
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Old 06-26-2017, 11:14 AM   #18
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Originally Posted by patteeu View Post
It's also important to reject the restraining order in a national security case.
They chose not to reject it about a significant chunk of the ban, which is what led to this part of the article

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Justice Clarence Thomas, joined by Justices Samuel Alito and Neil Gorsuch, said the government has shown it is likely to succeed on the merits of the case, and that it will suffer irreparable harm with any interference. Thomas said the government's interest in preserving national security outweighs any hardship to people denied entry into the country.
Basically, and only from what's come out publicly so far (I've not read the actual text yet), the ban seems only to have been overturned in those instances where there's no possible person/institution who can claim standing to object.

Edit: I just read the document. I can't be sure if this is the court hoping that the issue will be moot, so that it can avoid having to fully overturn all those courts (a major embarrassment for the judiciary if it happens), or it's just the court setting up an opportunity to give a "final" ruling in this area, but my guess is that it's more likely to be the former than the latter.

Last edited by Just Passin' By; 06-26-2017 at 11:22 AM..
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Old 06-26-2017, 11:23 AM   #19
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Old 06-26-2017, 11:24 AM   #20
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Old 06-26-2017, 11:26 AM   #21
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Sounds like they're also going to hear one of those bakers vs. gay couple cases.
A lot of key cases getting worked on lately, praise God for Neil Gorsuch on the Supreme Court and not one of HilLiaRy's lwnj liberal Justices. This is a primary reason why voters voted for Trump.
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Old 06-26-2017, 11:48 AM   #22
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Originally Posted by Loneiguana View Post
Why did the court rule on a Ban that was only suppose to last 120 days "to figure things out", when we are 150 since the ban was tried, there were zero terror attacks here. Have we not "figured things out"?

Or was the whole "reasoning" of why the ban was needed in the first place a lie?
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Old 06-26-2017, 11:58 AM   #23
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Originally Posted by IowaHawkeyeChief View Post
Gorsuch already coming through in Scalia Style...
What opinions has he rendered to date?

We may even have someone to replace Kennedy by then—but I think he would support the ban, being that such bans have never been struck down before.
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Old 06-26-2017, 12:00 PM   #24
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Quote:
Originally Posted by Loneiguana View Post
Why did the court rule on a Ban that was only suppose to last 120 days "to figure things out", when we are 150 since the ban was tried, there were zero terror attacks here. Have we not "figured things out"?

Or was the whole "reasoning" of why the ban was needed in the first place a lie?
You need to research the answers or ask the appropriate officials in charge.
Stop channeling Donger.
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Old 06-26-2017, 12:01 PM   #25
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Originally Posted by Fairplay View Post
A lot of key cases getting worked on lately, praise God for Neil Gorsuch on the Supreme Court and not one of HilLiaRy's lwnj liberal Justices. This is a primary reason why voters voted for Trump.
It was a big factor for me (well that and Hillary)
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Old 06-26-2017, 12:10 PM   #26
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Originally Posted by BucEyedPea View Post
What opinions has he rendered to date?

We may even have someone to replace Kennedy by then—but I think he would support the ban, being that such bans have never been struck down before.
Go read his concurrence on the Missouri playground case that was just decided, and note where he came down on this (travel ban) and on the 2nd amendment case that was denied appeal.
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Old 06-26-2017, 12:17 PM   #27
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Originally Posted by Loneiguana View Post
Why did the court rule on a Ban that was only suppose to last 120 days "to figure things out", when we are 150 since the ban was tried, there were zero terror attacks here. Have we not "figured things out"?

Or was the whole "reasoning" of why the ban was needed in the first place a lie?
I agree. The period for the assessment has come and gone. This should be a dead issue.
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Old 06-26-2017, 12:26 PM   #28
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Time to move forward with a ban that is more inclusive and drop the time limit. Start on deportation policies with Muslims who have overstayed visa.
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Old 06-26-2017, 12:33 PM   #29
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Time to move forward with a ban that is more inclusive and drop the time limit. Start on deportation policies with Muslims all illegals who have overstayed visa.
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Old 06-26-2017, 12:35 PM   #30
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Someone who has overstayed a visa isn't an illegal under federal immigration laws.
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