After being shot down by both the 4th and 9th Circuit Court of Appeals, the only hope for one of Trump’s core promises–to stop the flow of terror into America–lies with the nine black-robed justices.
The government also filed an appeal of the decision by the U.S. Court of Appeals for the 4th Circuit, a slower path through the Supreme Court. The DOJ said that path would leave the case ready for oral arguments by the beginning of the next term in October. Only four justices need to agree to hear the appeal, which seems more likely given the high-profile nature of President Donald Trump’s executive order.
Though the press continues to call the executive order a “Muslim ban,” and both appeals court decisions take statements made by Trump during his campaign and other speeches into evidence to support this claim, the travel ban itself is fairly cut-and-dried.
In 2011, President Obama issued an executive order to ban “Entry of Aliens Subject to United Nations Security Council Travel Bans…” In its effect, Obama’s order banned aliens (as immigrants or non-immigrants) from the same countries Trump sought. No court struck this down, no university or state brought suit to enjoin Obama from enforcing his ban.
In fact, nobody complained at all.
It seems like Obama’s pen and phone were beyond question to most of the media and liberal institutions, but Trump’s are to be fought tooth and nail. The double standard imposed by liberal federal judges is appalling.
If the Supreme Court can accomplish anything, setting equal and consistent standards for legal standing and interpretation of executive authority would be tops on my list. They could easily do this by acting on the Trump administration’s request for a speedy lifting of the injunction pending a full hearing in the fall.