The U.S. Supreme Court announced today that portions of the controversial Executive Order No. 13780, “Protecting the Nation from Foreign Terrorist Entry Into the United States” (known informally as the “travel ban”), should no longer be blocked from taking effect and should instead be enforced by federal authorities. It issued a partial stay of the injunctions issued by the 4th and 9th Circuit Courts of Appeal that had blocked it from going into effect over the past month, and also announced that it would hear arguments on the case in the October 2017 Supreme Court term (Trump v. International Refugee Assistance Project).
Several weeks ago, the 4th Circuit Court of Appeals upheld an injunction that blocks President Trump’s second executive order attempting to institute a travel ban against those arriving from several specific Muslim countries (EO-2) from taking effect, largely basing its decision on a conclusion that the executive order violated the Establishment Clause of the Constitution. Today, the 9th Circuit Court of Appeals became the second federal appeals court to uphold the injunction blocking from the travel ban from taking effect, but this time basing the decision on a conclusion that the president exceeded his authority to act under the Immigration and Nationality Act (INA).