The curious case of 4th Circuit delay in ruling on Trump Travel Order No. 3

Le·gal In·sur·rec·tion | 1/13/2018 | Jared Samilow
ridge-khridge-kh (Posted by) Level 4
Click For Photo:

We’re now on day 36 without a 4th Circuit decision on Trump’s third travel order.

Unveiled as a presidential proclamation on September 24, 2017, the third travel order (we’ll call it EO-3) restricts entry by most nationals of Chad, Iran, Libya, Syria, and Yemen, as well as some nationals of North Korea and Venezuela.

Trump - EO-3 - Hawaii - International - Refugee

Almost immediately after Trump issued EO-3, Hawaii and the International Refugee Assistance Project returned to the same judges in HI and MD who blocked the March travel ban (EO-2) and once again obtained nationwide injunctions. As a result, we now have parallel appeals in the 4th (full court, en banc) and 9th Circuits (panel of three judges).

The 4th Circuit’s extended delay is bizarre in light of the fact that on December 4, the Supreme Court stayed the injunctions and allowed the restrictions to take full effect during the appeals. At that time, the justices noted that they “expect[ed]” the 4th and 9th Circuits to rule with “appropriate dispatch.”

Credit - Ninth - Circuit

To its credit, the Ninth Circuit complied.

On December 22, just 16 days after hearing arguments, Judges Michael Daly Hawkins, Ronald Gould and Richard Paez re-adopted their May opinion against EO-2, and affirmed the Hawaii injunction on statutory grounds. Specifically, the panel held that EO-3, like EO-2, violated 8 U.S.C. §1152(a)(1)(A)’s prohibition on nationality-based immigrant visa discrimination, and that, additionally, Trump failed to make findings sufficient to “suspend the entry of all aliens or any class of aliens” under §1182(f).

Week - Government - Supreme - Court - Review

Last week, the government filed for Supreme Court review of the 9th Circuit decison. Veteran SCOTUSblog reporter Lyle Denniston noted that the Justices are moving unusually quickly to consider the request which is now slated to be distributed at their January 19 conference. Law professor Josh Blackman said that he expects the Supreme Court to accept the case for review.

The Supreme Court clearly...
(Excerpt) Read more at: Le·gal In·sur·rec·tion
Wake Up To Breaking News!
Millions in tribute, but not a penny left for charity.
Sign In or Register to comment.

Welcome to Long Room!

Where The World Finds Its News!