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Freeze of Travel Ban Upheld: Trump Administration to Appeal to Supreme Court

by Countable | 5.25.17

Following Thursday’s 10-3 decision by the Fourth Circuit Court of Appeals to uphold the temporary restraining order imposed on the Trump administration’s revised travel ban, Attorney General Jeff Sessions vowed to take the appeal all the way to the Supreme Court.

The majority of the panel’s judges criticized the travel ban, with its chief saying the ban "drips with religious intolerance, animus, and discrimination." In a statement, Sessions said that the Dept. of Justice “strongly disagrees with the decision of the divided court,” calling the travel ban “a constitutional exercise of the President’s duty to protect our communities from terrorism.”

The next step in the process will be the filing of a writ of certiorari by the Trump administration, in which they’ll petition the Supreme Court to consider whether to take up the case. At least four of the nine justices would need to vote in favor of reviewing the case and they’re under no obligation to do so, but if they agree then a hearing would be ordered.

Oral arguments are typically heard between October and April in monthly two week sittings, and the amount of time it takes the Court to reach its decision can vary but most cases are decided by the time the Court recesses for the summer in late June or early July.

This process may not get started immediately because the travel ban, which applies to six Muslim-majority countries — Iran, Syria, Yemen, Somalia, and Sudan — is also being contested in the Ninth Circuit of Appeals, which heard oral arguments on May 16. While the Supreme Court could still choose to hear the case even if the Ninth Circuit upholds its own injunction of the travel ban, a circuit split with differing decisions between circuits is one of the factors the Supreme Court considers in deciding to take up a case.

Tell your reps what you think of Trump’s revised travel ban using the "Take Action" button.

— Eric Revell

(Photo Credit: UpstateNYer / Creative Commons)

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(270)
  • Barry
    05/25/2017
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    Trump's crusade to ban Muslims as terrorists is simply wrong and demonstrates what a shallow, insensitive, ignorant bigot can do as President of the United State. He is an embarrassment to the ideals this nation was founded upon.

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  • Liam
    05/26/2017
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    More Americans have died at the hands of white, "Christian", conservative males than at the hands of Muslims in this country. Let's remember that.

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  • Buffalo
    05/25/2017
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    Kushner now confirmed under investigation. How long before corporatist owned congress gets a spine?

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  • SamJenkins
    05/25/2017
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    The travel ban is ill-conceived with NO evidence it would actually add to the safety of the United State citizens. I hope the administration will final allow it to die for the idea is wrong and ill-informed.

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  • Melanie
    05/25/2017
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    Can we just give this a rest? This is not about the Muslim ban anymore. It is about DJT's enormous ego and he wants to win, anything, any how. This is just gobbling money. If he has a few bucks to spare, let's do something unique like funding health care.

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  • Matthew
    05/26/2017
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    As happy as I am that the Manchurian President's travel ban is continued to get blocked and I am glad the judge mentioned Manchurian's bigoted comments as a reason to uphold. It is extremely shameful we live in a version of America where our "leaders" OPENLY support violent dictators. How far we have sunk in the view of the world, where our "leaders" speak 4th grade level love poems to dictators who opening kill citizens of their country. I hope the Supreme Court remembers WE ARE AMERICA not Russia. No Travel Ban! No Wall!

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  • Michael
    05/26/2017
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    15 of the 19 9/11 hijackers were from Saudi Arabia. Yet they are not on the ban. It's a dog and pony show from the worst administration in American history

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  • Marc
    05/26/2017
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    Face it, trump is a loser

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  • Melanie
    05/25/2017
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    To JTJ: the Manchester bomber like most of the terrorists was a citizen in the country where the attack took place.

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  • Keith
    05/26/2017
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    Liberals, we have never seen eye to eye, but I have always respected your political opinion. That ends right now, because your outright stupidity is endangering the lives of our citizens. The temporary travel ban was an attempt to reduce travel from countries that have less than standard vetting procedures. IT WAS NOT A MUSLIM BAN.

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  • Pcell61
    05/26/2017
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    Where it will be voted down. Obviously POTUS doesn't understand the job or he wouldn't keep making the same mistakes over and over.

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  • Allene
    05/26/2017
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    Travel ban is certainly constitutional. And necessary for the short term. Read the constitution. Have a clue and use your intelligence. Being blinded by hate is a dangerous exercise. No bigotry, no racism involved in this decision to preserve our country and its citizens.

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  • Angelique
    05/26/2017
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    The ban is still unconstitutional. Period.

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  • Louie
    05/26/2017
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    I'm at a complete loss. How is it that judges can refuse to allow the power that the constitution has give the president? I'm also at a loss as to how liberals can not tell the difference between a temporary ban for the safety of this country and what they in their minds are calling a ban against Muslims. It's time that they quit risking the lives of Americans just because their asses are still hurting from the massive loss that they received. Grow up and start acting like adults please.

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  • Kheyla
    05/26/2017
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    Whether we ban these countries or not terrorist attacks still happen in the US like the one in Manchester recently. I don't agree with the travel ban because not all Muslims are terrorists and this is discriminating against them.

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  • Natalie
    05/26/2017
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    trump is a "looooser"

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  • Rusty
    05/26/2017
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    Liberal judges are putting us in danger. Those chosen places has been known to breed terrorist. Take this to Supreme Court. In the meantime any of us get hurt due to an attack. I will personally sue the hell out of these judges

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  • Richard
    05/26/2017
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    Looking forward to having the Supreme Court agree that our president has the authority under the constitution to institute the ban.

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  • eac2020
    05/26/2017
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    Give it a rest, you racist fools. Quit wasting the courts' time and resources.

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  • Dustin
    05/26/2017
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    Congress needs to take jurisdiction away from the 4th circuit just like Clinton did back in the day. This is such crap the court system is stalling knowing perfectly well that the president is well within his rights...but when u get communists in congress who vote against their own party (like McCain)...we get what we get...it's not trumps fault!!

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