The New York Times reports that the Supreme Court has upheld the Trump administration’s travel ban to officially take effect while the legality of it continues to be argued in court. Earlier this year, the court dismissed many disputes over the second version of the ban, but has ruled that the latest, and third, version may be placed while court arguments continue.
The Supreme Court is asking appeals courts to determine whether the third version is lawful, and Justices Sotomayor and Ginsburg have stated they would have denied allowing it to go into effect.
These orders essentially mean that the Trump administration is allowed to enforce the ban on incoming travelers from Iran, Libya, Syria, Yemen, Somalia, Chad, North Korea and Venezuela. Although restrictions vary, most citizens from these countries may not immigrate to the states permanently and will be unable to “work, study or vacation” here, says the NY Times.
These latest orders in the matter essentially overturn a prior compromise that allowed those with connections to the states to continue travel. No reason was given for the court’s change of heart.
The American Civil Liberties Union argues that the ban is prejudice, and it continues to represent parties arguing against it in lower courts in ongoing cases. In October, federal judges in both Maryland and Hawaii blocked this latest travel ban while challenges have been ongoing in court.
Judge Chuang from Maryland has stated that a nationality-based travel ban is unprecedented. He also cited Trump statements that indicate the ban most likely “violates the Constitution’s prohibition of government establishment of religion.” The Hawaii judge stated that it “plainly discriminates based on nationality,” and violates federal law.
The Trump administration appealed the decisions of those judges to Seattle and Richmond, which are scheduled for arguments this week. Judge Chuang believes that anyone with a relationship with someone or an entity in the states should be allowed to travel here.
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