Justice Department goes back to Supreme Court over Hawaii judge's block of Trump's travel ban
by Ryan Lovelace, Washington Examiner, Nov 20, 2017
The Justice Department is asking the Supreme Court to lift the blockade of President Trump's travel ban restrictions, issued by proclamation in September.
Federal courts in Hawaii and Maryland in October halted implementation of Trump's newest guidance, and the Justice Department asked the Supreme Court on Monday night to lift the lower courts' blockades.
"Notwithstanding the significant differences between the proclamation and the president's prior orders, the district court again issued a preliminary injunction largely barring enforcement worldwide of the proclamation's entry suspensions, concluding that the proclamation likely violates the Immigration and Nationality Act," wrote U.S. Solicitor General Noel Francisco. "All of the relevant factors strongly support a full stay of the Hawaii court's injunction."
Francisco argued the Hawaii judge's blockade should be lifted even if the 9th Circuit Court of Appeals sought to keep it in place because there is a "reasonable probability" the Supreme Court would grant review of the travel ban case.
Francisco also wrote there is a "more than fair prospect" the Supreme Court would overrule the lower courts' blocking Trump's ban and preventing the president's ban from taking effect "will cause ongoing irreparable harm to the government and the public."
The new proclamation providing new travel ban restriction were developed by the Trump administration in September and added Chad, Venezuela, and North Korea to the list of six Muslim-majority countries whose citizens may not travel to the U.S. However, only Venezuelan government officials were blocked.
The Supreme Court previously agreed to hear arguments over the second iteration of Trump's travel ban issued by executive order, but scrapped the case from its schedule after expiration dates on different parts of the order passed and the administration issued new guidance.
The 9th Circuit Court of Appeals is scheduled to hear arguments over the Hawaii judge's ruling on the third travel ban issued from the Trump administration on Dec. 6.
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