The U.S. Supreme Court issued a unanimous interim decision on Monday, reinstating a key part of President Trump’s travel ban, and agreeing to hear the case in October.
Those without a “bona fide relationship” with a person inside the U.S. are temporarily banned, pending a hearing in October on the travel ban
The high court issued a unanimous decision on Monday in Trump v. International Refugee Assistance Project that reinstated a significant portion of President Trump’s travel ban.
In its interim decision, the court differentiated between “foreign nationals who lack any bona fide relationship with a person or entity in the United States”, and “foreign nationals who have a credible claim of a bona fide relationship with a person or entity in the United States”. For the time being, the former are banned from entering the U.S., while the latter are not.
The decision, while temporary and not a complete vindication, will certainly be viewed as a victory by the Trump Administration.
“the balance tips in favor of the Government’s compelling need to provide for the Nation’s security”
Perhaps the most significant sentence within the Court’s decision, is their initial assessment of the validity of the President’s position. Upon reviewing the government’s executive orders, and the lower court’s injunctions blocking those orders, the court noted, “the balance tips in favor of the Government’s compelling need to provide for the Nation’s security.”
Based on their interim assessment, the court then (temporarily) reinstated the key element of the Trump administration’s travel ban.
Thomas, Alito, and Gorsuch: the decision to stay only part of the lower court injunctions does not go far enough. “I would stay them in full”
In a separate accompanying opinion written by Justices Thomas, Alito, and Gorsuch, Judge Thomas relates his opinion that the Court’s decision to stay only part of the lower court’s injunctions does not go far enough.
Referring to the lower court’s injunctions against Trump’s executive orders, Judge Thomas, writing for the three, said, “I agree with the Court that the preliminary injunctions entered in these cases should be stayed, although I would stay them in full.”
Thomas’ opinion was echoed by Justices Alito and Gorsuch.
“The Government has satisfied the standard… that [it] is likely to succeed on the merits”
The Court also clarified the criteria upon which it is permitted to stay (stop) a lower court’s ruling. According to the Court, the “most critical factors we must consider in deciding whether to grant a stay are “(1) whether the stay applicant has made a strong showing that [it] is likely to succeed on the merits.” based on this standard, the Court determined, “The Government has satisfied the standard for issuing a stay pending certiorari.”
Thus, the two lower court injunctions that prevented the Trump administration from banning foreigners from entering into the U.S. has been upheld… temporarily, and only for those without a “bona fide relationship with a person or entity in the United States.”
President Trump issues statement
President Trump issued a statement regarding the decision:
“Today’s unanimous Supreme Court decision is a clear victory for our national security. It allows the travel suspension for the six terror-prone countries and the refugee suspension to become largely effective.
As President, I cannot allow people into our country who want to do us harm. I want people who can love the United States and all of its citizens, and who will be hardworking and productive.
My number one responsibility as Commander in Chief is to keep the American people safe. Today’s ruling allows me to use an important tool for protecting our Nation’s homeland. I am also particularly gratified that the Supreme Court’s decision was 9-0.”
The Court will hold a formal hearing on the travel ban in October.
The Court’s decision today is temporary, pending a full hearing scheduled for October of this year.
