Trump delays effective date of travel ban amid court battle

Kari Scott
June 21, 2017

Today's unanimous ruling noted, "The President's authority is subject to certain statutory and constitutional restraints", but that Trump's revised executive order "exceeded the scope of the authority delegated to him by Congress". "The judges concluded that the president had failed to make a case that the order was actually necessary to protect national security, saying that was no "'talismanic incantation' that, once invoked, can support any and all exercise of executive power". Though the ban never took effect, thanks to nationwide injunctions issued in Hawaii and Maryland, opponents have argued that the cases over the ban will become moot when the term expires. Denniston has written for us as a contributor since June 2011 and has covered the Supreme Court since 1958.

In the face of yet another courtroom defeat, the White House remained defiant. Thus, if the court has any thought about ruling - before the summer recess - on any of the issues regarding the executive order, it would have to act with unusual dispatch. Whatever the Supreme Court does in this case, we probably haven't heard the end of the president's efforts to fulfill one of the basest, most un-American promises of his campaign.

"President Trump's Executive Order is well within his lawful authority to keep the Nation safe".

The ruling by a three-judge bench of the US Court of Appeals for the Ninth Circuit was against the revised travel ban.

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"We disagree with the Ninth Circuit's decision to block that authority", he said, adding that the recent attacks confirmed that threats to the nation are immediate and real.

The Trump administration has asked the Supreme Court to immediately reinstate its ban on travelers from six mostly Muslim countries. Presidents do have substantial latitude in setting immigration policy and in preserving national security, but those powers are not limitless and can not be exercised arbitrarily.

The ceremony also happens to take place during the last hour before the deadline for the Department of Justice to file briefs to support the president's request that the Supreme Court review the legality of his March 6 executive order halting travel to the USA for citizens of six predominantly Muslim nations. The 9th U.S. Circuit Court lifted that narrow part of their stay on the executive order while maintaining other stays that prevent wider implementation.

A federal judge first blocked Trump's initial travel ban in early February.

Other reports by Guamnewswatch

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