On Tuesday, one of the two appeals related to President Donald Trump’s travel ban were dismissed by the Supreme Court. The ban limits travels, from six mostly Muslim countries, to the United States by suspending visa issuance. The International Refugee Assistance Project brought the case on grounds that the ban violates the First Amendment’s provisions which guarantee freedom of religion.
The case which was addressed by the Supreme Court came from a federal appeals court that had ruled the travel ban violated the Constitution. However, because the ban had expired previously, justices from the Supreme Court vacated this decision by the appeals court.
The ban involved in the case expired in September and was replaced by another version including broader restrictions. A second case is still before the judges. The new version includes indefinite bans on eight Muslim countries, five of which were part of the original ban, as well as a suspension of the nation’s refugee program. The second case is likely to be dropped as well.
The case was scheduled to be heard on Tuesday, but was delayed by the court after Trump replaced his previous order with a newer version. This version of the ban, said administration officials, is “based on detailed findings regarding the national security interests of the United States that were reached after a thorough, worldwide review and extensive consultation.”
The American Civil Liberties Union believes the new ban, which also includes non-Muslim countries like North Korea and Venezuela, still demonstrates anti-Muslim discrimination.
Lawsuits on both cases were renewed by the challengers, who have restarted the legal process in the lower courts. However, the Supreme Court’s decision puts the Trump administration in a slightly stronger position.
This move by the Supreme Court seems like an attempt on their behalf to exempt themselves, at least for the time being, from having to rule on difficult legal issues.
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