Friday, July 12, 2024
Hawai'i Free Press

Current Articles | Archives

Friday, January 19, 2018
Supreme Court to hear Hawaii v Trump in April
By Selected News Articles @ 5:59 PM :: 4899 Views :: Law Enforcement, Politicians

This Blockbuster SCOTUS Term Somehow Just Got Bigger: Justices To Hear Travel Ban Case

by KEVIN DALEY, Daily Caller,  01/19/2018

The Supreme Court announced Friday that it will hear a challenge to the latest iteration of President Donald Trump’s travel sanctions, a high-profile addition to a docket burgeoning with landmark decisions.

The justices set the case — Trump v. Hawaii — for oral argument in April.

“The courts below have overridden the president’s judgments on sensitive matters of national security and foreign relations, and severely restricted the ability of this and future presidents to protect the nation,” Solicitor General Noel Francisco, the government’s Supreme Court lawyer, wrote in his petition to the high court.

The current travel ban, which was promulgated in Sept. 2017, restricts travel to varying degrees from Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela and Yemen.

The high court stayed lower court injunctions issued against the new order in Dec. 2017. Justices Ruth Bader Ginsburg and Sonia Sotomayor dissented from that decision. The December ruling suggests a majority of the Court believes the government will ultimately prevail on the merits, as issuance of a stay requires the Trump administration to show a “substantial likelihood of success” in defending the travel ban.

The 9th U.S. Circuit Court of Appeals found the latest travel sanctions violate a federal immigration law which prohibits the government from discriminating on the basis of nationality when issuing visas. The court did not say if the ban violates the Constitution, as other federal courts have found.

At the bidding of both parties, the justices asked the parties to explain if Trump’s travel ban violates the Constitution’s establishment clause, which forbids the government from favoring one religion over another.

“An objective observer would still conclude that EO-3’s purpose is the fulfillment of the president’s unconstitutional promise to enact a Muslim ban,” Hawaii told the justices, referencing one of Trump’s campaign promises.

The administration counters that the new ban was the product of a neutral inter-agency review process free of anti-Muslim bigotry.

“The conclusions of the multi-agency review and recommendation process, and the tailoring of the proclamation’s restrictions, provide a ‘facially legitimate and bona fide reason’ for the exclusion of the covered aliens,” the government told the Court.

A decision is expected in June.


AG Chin: News Release

CN: Version 3 of Trump Travel Ban Faces Supreme Court Review


TEXT "follow HawaiiFreePress" to 40404

Register to Vote


Aloha Pregnancy Care Center


Antonio Gramsci Reading List

A Place for Women in Waipio

Ballotpedia Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii


Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii ConCon Info

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federation of Republican Women

Hawaii History Blog

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Matters

Hawaii Military History

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Together


Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

July 4 in Hawaii

Land and Power in Hawaii

Lessons in Firearm Education

Lingle Years

Managed Care Matters -- Hawaii

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

National Parents Org Hawaii

NFIB Hawaii News

NRA-ILA Hawaii


OHA Lies

Opt Out Today

Patients Rights Council Hawaii

Practical Policy Institute of Hawaii

Pritchett Cartoons

Pro-GMO Hawaii

Rental by Owner Awareness Assn

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

School Choice in Hawaii

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii