Travel ban, church-state case await action by Supreme Court

  • Travel ban, church-state case await action by Supreme Court

Travel ban, church-state case await action by Supreme Court

Three of the court's conservative justices said they would have let the administration apply the bans without the limits imposed by their colleagues.

Trump's travel ban has twice been ruled unconstitutional, and the administration has asked the Supreme Court to take up the issue in the next term.

The US Supreme Court is set to issue the final rulings of its current term on Monday, including one on religious rights, amid talk that swing voter Justice Anthony Kennedy is considering retirement.

Meanwhile, the court is considering whether to allow the administration to immediately enforce a 90-day ban on visitors from six mostly Muslim countries.

Both cases began in the Obama administration, and the Trump administration has maintained the same position. "On a controversial case, both sides pitch to him". In an unsigned, majority opinion, the court cited Obergefell v. Hodges, the landmark 2015 opinion that legalized gay marriage, to summarily reverse the Arkansas lower court.

Justice Department attorneys filed a motion to take the case to the nation's highest court Friday, claiming a lower federal court "seriously misinterpreted" the Electronic Communications Privacy Act (ECPA), the 31-year-old Reagan-era legislation and the basis of the government's case, which grants law enforcement default access to any stored electronic communications after 180 days.

"Summary reversal is usually reserved for cases where the law is settled and stable, the facts are not in dispute and the decision below is clearly in error", Gorsuch wrote. Chief Justice John Roberts announced on Monday that the cases would be re-argued.

Monday could mark a major day for the United States Supreme Court.

There's still a long road for the case from here.

The San Francisco-based 9th U.S. Circuit Court of Appeals said the ban does not comply with federal immigration law, including a prohibition on nationality-based discrimination. It was one of the first in which Trump's conservative appointee to the court, Neil Gorsuch, participated.

The church sued after being denied state taxpayer funds for a playground improvement project because of a Missouri constitutional provision barring state funding for religious entities.

"As the court's most important Justice-at the center of the institution's ideological balance-Justice Kennedy's ability to bridge the divide between left and right on critical issues such as the right to access abortion can not be overstated", Elizabeth Wydra, president of the Constitutional Accountability Center, told CNN.

"Justice Gorsuch has, in his first couple of months on the Supreme Court bench, performed as advertised at his confirmation hearings", said Leonard A. Leo of the Federalist Society, who worked with the White House on the nomination.

David Lat pushed back hard against the rumors in Above the Law, noting there is not conclusive evidence on when Kennedy will retire: "I won't bury the lede, so here it is: based on reports I've received from former AMK clerks who attended his law clerk reunion dinner last night, it is highly unlikely that Justice Kennedy will announce his retirement tomorrow". "He showed an early willingness to chart his own path in key cases", he said.

Leo also noted something else about the court's newest member.