The Supreme Court of the United States announced Monday that it will review the lower court injunctions blocking enforcement of President Donald Trump’s executive order barring travel from six Muslim-majority countries.
In a per curiam opinion, the Court partially stayed the injunctions blocking enforcement of executive order 13,780:
We now turn to the preliminary injunctions barring enforcement of the §2(c) entry suspension. We grant the Government’s applications to stay the injunctions, to the extent the injunctions prevent enforcement of §2(c) with respect to foreign nationals who lack any bona fide relationship with a person or entity in the United States. We leave the injunctions entered by the lower courts in place with respect to respondents and those similarly situated, as specified in this opinion.
The Court wrote that the lower court injunctions, even accepting the First Amendment arguments against the order as likely to succeed, went too far:
[T]he injunctions reach much further than that: They also bar enforcement of §2(c) against foreign nationals abroad who have no connection to the United States at all. The equities relied on by the lower courts do not balance the same way in that context. Denying entry to such a foreign national does not burden any American party by reason of that party’s relationship with the foreign national.
The opinion also announced the Court will consolidate the cases from the U.S. Courts of Appeal for the Ninth and Fourth circuit, Trump v. Hawaii and Trump v. International Refugee Assistance Project, respectively. Both cases found the executive unenforceable as a likely violation of the U.S. Constitution’s First Amendment Establishment Clause because the lower courts held it was motivated by an attempt to disfavor Islam.
The Court had requested additional briefing from the parties in both cases earlier this month, signalling they would hear arguments on the case despite the Court going out of its regular term this week. Arguments are expected to be heard when the Court reconvenes in October. Attorney from the American Civil Liberties Union and the National Immigration Law Center are expected to face off against a government team now led by acting Solicitor General Jeffery Wall.