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Thread: Supreme Court Expedites Trumpís Petition on Executive Order Case

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  1. #1
    Administrator Jean's Avatar
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    May 2006

    Supreme Court Expedites Trumpís Petition on Executive Order Case

    I3 Jun 2017
    Washington, DC

    WASHINGTON, D.C.óThe Supreme Court took the rare step on Friday of expediting consideration of a major case, rapidly accelerating the schedule for reviewing the Fourth Circuitís blocking of President Donald Trumpís travel ban executive order.

    President Trump issued Executive Order 13780 (EO) on March 6, Section 2(c) of which temporarily restricted travel from six Muslim-majority countries associated with terrorism while the United States developed new vetting procedures to keep the nation safe.

    Immigration activists sued, along with several immigrants and their families. A liberal federal district judge in Maryland granted a preliminary injunction blocking Section 2(c) of the EO. The U.S. Court of Appeals for the Fourth Circuit then affirmed the trial courtís injunction in a 10-3 decision, ruling that the EO violated the Constitutionís Establishment Clause, and taking the almost unheard-of step of all the courtís judges hearing the case, instead of sending it to a three-judge panel.

    The U.S. Department of Justice (DOJ) filed a petition for review at the Supreme Court on Thursday. Under the Courtís rules, a response from the plaintiffs would be due July 3. By that time the Court would be on recess for the summer, meaning that the justices would vote at the Courtís annual pre-Term conference, which will take place on September 25, on whether to take the case. That would typically mean hearing arguments in December or January, with a final decision coming down in early or mid-2018.

    Acting Solicitor General Jeff Wall at DOJ also asked Chief Justice John Roberts (who supervises the Fourth Circuit) to stay the appellate courtís decision until the justices can decide the matter.

    On Friday, the Supreme Court rapidly expedited everything. The ACLUówhich represents the plaintiffsóhave been ordered to file their response by 3:00 p.m. on Monday, June 12. The ACLU lawyers must also respond to DOJís application for a stay by that time.

    The Court could conceivably then vote immediately on whether to take the case, or anytime shortly thereafter. Under a normal briefing schedule, the Court would then hear arguments in October, and issue a decision by the end of 2017.

    Itís also possible that the Court could accelerate briefing on an emergency basis, then hold arguments over the summer, or possibly even in June before recessing for the summer. The Court could make clear by the week of June 12 which course it is pursuing.

    The case is Trump v. International Refugee Assistance Project, No. 16-1436.
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  2. #2
    Senior Member Judy's Avatar
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    Aug 2005
    This is the very reason we have 3 separate branches. Look at how long the courts have prevented our President from doing what he believes is necessary to protect our nation from terrorism. This is not how it's supposed to work.
    Jean likes this.
    A Nation Without Borders Is Not A Nation - Ronald Reagan
    Save America, Deport Congress! - Judy

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