Trump needs five of the nine justices of the Supreme Court to agree to stop the “temporary” restraining orders placed on him by the lawless judiciary. The president needs at least four to get the Supreme Court to hear the case, which he should be guaranteed to get from the Supreme Court.
The Department of Justice submitted to the Supreme Court on Thursday their petition for a writ of certiorari for them to hear the case that has been brought and decided before the ninth and fourth circuits.
Additionally, and potentially having a more immediate effect, the department asked for the Supreme Court to allow the federal government to begin enforcing the second version of the travel and refugee executive order that Trump signed in March with two other filings to the justices.
Attorney General Jeff Sessions had said the request for the justices to hear — and ultimately reverse — the decision of the US Court of Appeals for the Fourth Circuit would be forthcoming.
The Justice Department lawyers argue in the Thursday night filing, called a petition for a writ of certiorari, that the justices should hear the case — International Refugee Assistance Project (IRAP) v. Trump — because the “remarkable holding” of the Fourth Circuit “is wrong and in manifest need of this Court’s review.”
Additionally, the department asked the justices to issue a stay of the injunction entered in that case until the justices resolve the case. In that case, the Fourth Circuit upheld a district court injunction against the specific portion of the executive order banning travel for a limited time from six Muslim-majority countries.
The department also filed a second stay request, asking the justices to put the injunction on hold that was entered in a challenge to the executive order out of Hawaii — Hawaii v. Trump — that is now on appeal before a different appeals court, the Ninth Circuit, until that case is ultimately resolved. The injunction entered in that case is more broad, covering the entire refugee and travel ban sections of the order.
If both of those stays are granted, as requested, the Trump administration would be allowed to enforce Trump’s travel and refugee executive order while the questions raised in the challenges to the executive order are being heard by the justices.
The president is allowed under the current law to do whatever e pleases concerning admitting or not admitting aliens into the country. The courts are being given more leeway here to decide US policy than they are legally entitled to having.