Donald Trump is completely bonkers, but then you already knew that. What is happening with his Muslim “travel ban” over the weekend only confirms this.
First some background on the status of the Muslim “travel ban.” Trump’s original executive order in January was blocked by the federal district court for the state of Washington as unconstitutional religious discrimination, and that court order was affirmed by a panel of the Ninth Circuit Court of Appeals.
This elicited this response from Trump:
That didn’t happen. Instead, the Trump Justice Department dismissed the appeal and reissued a “revised travel ban” in March. The original executive order and lawsuit no longer exist for any purposes (something Trump does not seem to comprehend, as I will explain below).
The “revised travel ban” was also challenged in court, where it has advanced to two courts of appeal. The Fourth Circuit Court of Appeals upheld the federal district court for Maryland in an en banc decision blocking the “revised travel ban” as unconstitutional religious discrimination. The Ninth Circuit Court of Appeals heard oral arguments on May 15 in an appeal from the federal district court for Hawaii, and appparenty took additional arguments last week. 9th Circuit hears travel ban appeal, again. That decision is pending.
The Trump Justice Department filed for review before the U.S. Supreme Court late Thursday. Amy Howe of SCOTUSblog explains the posture of this case before the Supreme Court. Trump administration asks justices to weigh in on travel ban:
[T]he federal government asked the Supreme Court to step into the legal dispute over the constitutionality of the executive order [the “revised travel ban”] that the president signed on March 6. The government also asked the court to put on hold two lower-court rulings blocking the implementation of the executive order, telling the justices that those rulings undermine “the President’s constitutional and statutory power to protect” the United States.
Last night’s filings came in two separate challenges to the March 6 order, popularly known as the “travel ban.” One challenge originated in Maryland, where a federal district judge blocked the implementation of the order on March 16; last week the full U.S. Court of Appeals for the 4th Circuit largely upheld the Maryland judge’s order. Another challenge came from Hawaii: A district judge there also ruled for the challengers, and the U.S. Court of Appeals for the 9th Circuit heard oral argument in the government’s appeal on May 15, but the appeals court has not yet issued its decision. Yesterday the government urged the Supreme Court to review the 4th Circuit’s ruling on the merits and to freeze the district court’s order barring the implementation of the travel ban. The government also asked the justices to freeze the Hawaii court’s ruling blocking the travel ban until the 9th Circuit appeal is resolved – and, if necessary, while the government seeks review of that decision in the Supreme Court.
Amy Howe notes that “The justices have asked the challengers to file responses to the petition for review and the requests for stays of the lower courts’ rulings. Those responses are due on or before 3 p.m. on Monday, June 12.“