The Trump administration has formally asked the Supreme Court to reinstate the travel ban of six Muslim majority countries which was rendered unconstitutional by the 9th Circuit Court of Appeals in January.
The move follows from Attorney General Jeff Sessions’ vow to bring the case before the Supreme Court last month after the 4th Circuit Court of Appeals upheld the rulings of lower courts. Furthermore, it is an attempt by the Trump administration to begin enforcing the second form of the ban, formulated in March, which prohibits the acquisition of visas for citizens from Libya, Syria, Sudan, Yemen, Iran, and Somalia.
The Director of the ACLU Immigrants’ Rights Project, Omar Jadwat, lauds the courts’ ruling saying it, “enforces a fundamental principle that protects us all from government condemnation of our religious beliefs.”
BREAKING: Trump administration asks Supreme Court to review Muslim ban case. We will defend our victory and the Constitution.
— ACLU National (@ACLU) June 2, 2017
Nonetheless the Trump administration plans to offer a serious critique to the lower courts’ decision on the grounds that their evidence for striking down the ban comes before Trump was even President.
Part of their statement reads,”virtually all of the president’s statements on which the court of appeals relied were made before he assumed office” and “taking that oath marks a profound transition from private life to the nation’s highest public office, and manifests the singular responsibility and independent authority to protect the welfare of the nation that the Constitution reposes in the president.”
At least 5 votes are needed to grant the ban a stay and the conservatives have enjoyed a majority since Trump’s appointment of Neil Gorsuch in April, but Anthony Kennedy is seen as a swing vote by many.
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