Just released, nearly restriction the lower courts placed against the Trump Administration have now been reversed.
It means the ban can be enforced except with respect to the plaintiffs and people who have a “bona fide” relationship with the United States until the court can hear argument on the cases in October.
The court says the injunctions prohibit the ban from being enforced against people who have no connection to the United States, which is a different calculus.
“Denying entry to such a foreign national does not burden any American party by reason of that party’s relationship with the foreign national.”
“So whatever burdens may result from enforcement of Section 2(c) against a foreign national who lacks any connection to this country, they are, at a minimum, a good deal less concrete than the hardships identified by the courts below.”
In a nutshell:
- If the applicant already has a foot in the door to come here, such as a relative living in the US or acceptance at a US college, they can come
- If the applicant does not, they won’t likely be getting in.
Travel Ban decision on the stays in per curiam, and no liberal justice dissents from the portion striking down the preliminary injunction in part. Opinion sounds an awful lot like the Chief Justice.
No dissents on revoking most of the temporary restraining orders. The only dissents were from the conservative wing in that it didn’t go far enough, which included Gorsuch. They wanted all of the TROs thrown out.
That means that the entire court agreed on striking down a large chunk of the existing temporary restraining orders.
Of interest for general court watchers today: Gorsuch appears to be to the “right” of the Chief on most issues if you think about that in traditional left/right terms. But then there is the odd exchange between them with positions reversed on the question of whether to grant relief when the government confessed error in a criminal case. I think you are going to see Gorsuch as quite conservative on most matters — right of the Chief indeed — but not on some criminal justice issues.
Justice Gorsuch has turned out to be very similar to Justice Thomas, in my opinion. Trump struck platinum with that pick. Now all Trump needs is to replace Kennedy and/or Ginsberg.