The Supreme Court said Monday that it is allowing parts of President Trump’s travel ban to go into effect and that it will hear arguments in the case in October.
The announcement came on the last day of the court’s term before summer recess.
In allowing parts of Trump’s executive order to take effect, the court narrowed the scope of injunctions that lower courts put on the temporary travel ban.
The Supreme Court is allowing implementation of the temporary ban on entry into the U.S. of citizens of six Muslim-majority nations, with an exception for people who have what the court called “any bona fide relationship with a person or entity in the United States.”
That includes foreign nationals with familial connections in the U.S., students who have already been admitted into an American university and workers with existing job offers in the U.S.
For people from the six countries who have such connections, the injunctions put in place by the lower courts are upheld. These individuals will not be barred under the executive order from coming into the U.S.
But anyone else from the six listed countries â€” Iran, Libya, Somalia, Sudan, Syria and Yemen â€” who do not have such connections to the U.S. will be subject to the temporary travel ban.
The high court’s action today was a per curium order, meaning that no author was identified nor do we know for certain how all the justices would have sided in a vote, although three of the more conservative justices â€” Clarence Thomas, Samuel Alito and Neil Gorsuch â€” wrote separately that they supported going further by reversing the lower courts’ injunctions in full and letting the ban go completely into effect.
Trump appeared to see the court order as a big victory. “It allows the travel suspension for the six terror-prone countries and the refugee suspension to become largely effective. As president, I cannot allow people into our country who want to do us harm. I want people who can love the United States and all of its citizens and who will be hardworking and productive. My No. 1 responsibility as commander in chief is to keep the American people safe. Today’s ruling allows me to use an important tool for protecting our nation’s homeland. I am also particularly gratified that the Supreme Court’s decision was 9-0,” he said in the statement, saying that there was a voted decision although there was not.
The American Civil Liberties Union, a party in the suit against what it calls a “Muslim ban,” viewed the court order differently.
“President Trump’s Muslim ban violates the fundamental constitutional principle that government cannot favor or disfavor any one religion. Courts have repeatedly blocked this indefensible and discriminatory ban. The Supreme Court now has a chance to permanently strike it down,” said Omar Jadwat, the director of the ACLU’s Immigrants’ Rights Project.