UPDATE (June 26, 2018): Today, in the last week of this term, the Supreme Court upheld the so-called “Trump travel ban.” The challengers claimed that President Trump’s Proclamation violated the Immigration and Nationality Act and the First Amendment.
Writing for the majority, Chief Justice Roberts explained that Congress granted the President broad discretion to suspend entry of aliens into the United States. Presidents Nixon, Reagan, and Obama all exercised this power. The only difference between prior suspensions and the current one is that President Trump conducted an extremely thorough, comprehensive evaluation and issued extensive findings in conjunction with his Executive Order. On the statutory issue, the Court ultimately held that President Trump did not exceed his authority.
With respect to the Establishment Clause claim, the Court found no violation. Justice Roberts explained that “the Proclamation is expressly premised on legitimate purposes: preventing entry of nationals who cannot be adequately vetted and inducing other nations to improve their practices.” To be clear, “the text says nothing about religion.” The case will now return to the district court for further proceedings.
WASHINGTON, DC (June 26, 2017): The United States Supreme Court today reinstated much of President Trump's temporary travel ban, overturning large portions of the 9th and 4th Circuit Courts of Appeal decision. The Court left in place injunctions on the temporary ban dealing with those individuals in the six nations listed in the President's Executive Order who have connections to the U.S. The Court agreed to hear the full case in October. SLF participated as amicus in both the 9th and 4th Circuit appeals, and will participate in the Supreme Court appeal this Fall.
Click here for SCOTUSblog review of the decision