On March 6th of 2017 President Trump signed an executive order that banned entry by people from six Muslim-majority countries. These countries included: Somalia, Libya, Syria, Sudan, Iran, and Yemen. The executive order, which is being challenged by multiple courts, sought to prohibit entry from the aforementioned nations for 90 days.
The Trump administration wanted 90 days so that a more stringent visa screening process could be worked out and put into effect in the meantime.
On June 1st the Trump administration asked the Supreme Court to reinstate his original executive order, which would temporarily ban travelers from places like Syria and Iran from entering the United States. Lower courts have found the travel ban signed into an executive order by President Trump to be discriminatory.
The upcoming decision from the nine Supreme Court justices will weigh a number of factors before deciding whether to reinstate Trump’s plan. The Supreme Court justices are set to weigh in on whether Trump’s fiery campaign rhetoric, which some found discriminatory against Muslims, can be used as evidence that Trump meant to discriminate against Muslims when crafting the executive order banning travelers from six Muslim-majority countries from entering the United States.
Over the ensuing months President Trump and his legal team have done anything but sit idly by. In late May a Virginia Circuit Court of Appeals decided to uphold a Maryland ruling that blocked the executive order’s effects. In response, the Trump administration’s busy legal team filed an appeal against that particular motion.
Many legal experts working for the Trump administration feel that the U.S. Constitution lays out broad powers for the president to limit who comes into the country. Trump’s legal team feels good about its chances vis-a-vis the upcoming Supreme Court decision because of the president’s constitutionally protected duties to keep the country safe and out of harm’s way.
Still, the upcoming decision is anticipated to be extremely close. As usually happens in cases like this that split geopolitics with domestic security, Justice Kennedy’s swing vote will more likely than not prove decisive. Trump’s recent Supreme Court appointment, Neil Gorsuch, is anticipated to side with the national security argument.
The Trump administration has forwarded an emergency request. If granted, the Trump’s administration emergency request would immediately halt travelers from places like Somalia, Yemen, and Iran from entering the United States. Uncharacteristically, the U.S. Justice Department has asked the case be expedited.