The Trump administration asked [cert. petition, PDF] the US Supreme Court [official website] Friday to uphold the third version [text, PDF] of the administration’s travel ban [JURIST news archive].
This petition comes just over a week after the US Court of Appeals for the Ninth Circuit [official website] upheld an injunction [JURIST report] against the measure. The three-judge panel of the Ninth Circuit found that the executive action violated the Immigration and Nationality Act [materials], which requires the president to “make a legally sufficient finding that the entry of the specified individuals would be ‘detrimental to the interests of the United States,'” which it determined the administration had failed to do.
Even with revisions [JURIST report] to the original ban, namely the implementation of a review period, the Ninth Circuit determined that the order exceeds the constitutional powers afforded to the executive and upheld the injunction on the ground that the administration had failed to demonstrate that “nationality alone renders entry of this broad class of individuals a heightened security risk or that current screening processes are inadequate.”
Despite the Ninth Circuit’s decision, the travel ban remains in effect due to an oder [text, PDF] issued by the Supreme Court early in December allowing a stay [JURIST report] of the injunction until the issue works its way through the legal process.The questions presented by the petition for the Court to consider in the upcoming litigation, which is more than likely to take place sometime within 2018, include:
1. Whether respondents’ challenge to the President’s suspension of entry of aliens abroad is justiciable.
2. Whether the Proclamation is a lawful exercise of the President’s authority to suspend entry of aliens
3. Whether the global injunction is impermissibly overbroad.