(AP Photo/Jeff Chiu)

Donald Trump's travel ban will go to the Supreme Court

The president hopes that America's highest court will find that the travel ban falls within his executive authority

Matthew Rozsa
June 2, 2017 12:36PM (UTC)

Having been repeatedly rebuked by lower courts in his attempts to implement a travel ban targeting seven Muslim-majority nations, President Donald Trump is now taking his case to the highest legal authority in the land — the Supreme Court.

Although lower courts have found that Trump's proposed ban would discriminate against Muslims and thus be unconstitutional, Acting Solicitor General Jeffrey Wall argued in his Supreme Court filing (according to a report by CNN) that "the Constitution and Acts of Congress confer on the President broad authority to suspend or restrict the entry of aliens outside the United States when he deems it in the Nation's interest."

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Justice Department spokesperson Sarah Isgur Flores reinforced this argument, stating that "the President is not required to admit people from countries that sponsor or shelter terrorism, until he determines that they can be properly vetted and do not pose a security risk to the United States."

As University of Texas Law School professor and CNN legal analyst Steve Vladeck told the site, one interesting twist of the Trump administration's argument is that they're insisting the travel ban should be implemented until the court has a chance to decide on its legality.

"It's an interesting procedural move, but the fact that it's taken this long may undermine, at least to some extent, the Trump administration's core argument that the entry ban, which has never gone into full effect, is essential to protect our national security," Vladeck said.
When an appeals court blocked Trump's travel ban last month, it argued that the ban "speaks with vague words of national security, but in context drips with religious intolerance, animus and discrimination."

Matthew Rozsa

Matthew Rozsa is a breaking news writer for Salon. He holds an MA in History from Rutgers University-Newark and is ABD in his PhD program in History at Lehigh University. His work has appeared in Mic, Quartz and MSNBC.

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