Trump delays effective date of travel ban amid court battle

Jackie Newman
June 21, 2017

For the first time since he was elected, President Donald Trump is set to attend the U.S. Supreme Court on Thursday, presenting a potentially awkward moment as the court weighs what to do about his contentious executive order that attempts to restrict U.S. entry by people from six Muslim-majority countries.

The president approved the changes in a memo as the high court considers whether it will allow the long-stalled ban to take effect.

An executive order can not be divorced from its intent, and if the motivation behind it wasn't sufficiently clear before, Trump's recent tweetstorm of complaints about the "politically correct" version of the travel ban the Justice Department crafted (at his behest) after the initial version was struck down confirms that his intent hasn't changed.

Wall suggested a briefing schedule that would run to June 21.

The justices agreed to a request on June 13 from the U.S. Justice Department to address in a case already pending before the court a ruling against the ban earlier this week by a U.S. appeals court in San Francisco.

"President Trump knows that the country he has been elected to lead is threatened daily by terrorists who believe in a radical ideology, and that there are active plots to infiltrate the U.S. immigration system - just as occurred prior to 9/11", Sessions said in a statement on Monday. Trump nominated Gorsuch in January.

But the reason for his high court trip Thursday is purely ceremonial, to mark Justice Neil Gorsuch's ascension to the bench.

While the dispute over the travel ban and other controversies have simmered during Trump's first few months in office, his choice of the 49-year-old Gorsuch for the Supreme Court won widespread praise in the legal community as well as unanimous Republican support in the Senate.

Since the DOJ initially petitioned for Supreme Court review on June 1, Trump has tweeted about the order, the courts, and his disdain for political correctness, confirming the claims of travel-ban challengers that the executive order is religiously motivated and violates constitutional guarantees to freedom of religion.

The government disagreed, arguing that the injunction by Hawaii federal judge Derrick Watson had stopped the clock on the 90-day, six-country and 120-day refugee ban.

But if the conservative majority on the Supreme Court is inclined to stay within the "four corners" of the executive order's text and not broadly consider the motivation behind it, the 9th Circuit shows it still can not be upheld. The Fourth Circuit court based the decision on Trump's public record of statements indicating his order was motivated by anti-Muslim sentiment rather than national security concerns.

Other reports by AllAboutTopnews

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