Not a Lexis+ subscriber? Try it out for free.

Immigration Law

Expert: Travel Ban Cases Will End Up at Supreme Court

Laura Jarrett, CNN, May 15, 2017 - "For the second time in President Donald Trump's young administration, the 9th US Circuit Court of Appeals will listen to lawyers battle over the legality of his executive order temporarily blocking foreigners from traveling to the US. ... The 9th Circuit isn't the only appeals court currently evaluating Trump's executive order, however.  The Justice Department separately appealed a different federal judge's decision to halt the 90-day travel ban to the 4th US Circuit Court of Appeals. The court heard arguments for two hours last week, but no word yet on when it might rule.  In the event the two appellate courts reach different results, the travel ban will not go back into effect as long as one court's nationwide injunction remains in effect. But experts say such a scenario undoubtedly puts the case on track for review by the US Supreme Court.  "There's no guarantee that the 13 4th Circuit judges who heard argument last week will hand down their ruling before the three 9th Circuit judges hearing Monday's argument will," said Steve Vladeck, CNN legal analyst and professor of law at the University of Texas School of Law. "The real question, though, isn't the timing, but whether the two courts come out the same way. This issue may be bound for the Supreme Court no matter what, but it will certainly be heard by the justices if these lower courts disagree."  "No matter how the two courts rule, I predict this case will go to the Supreme Court," agreed Cornell Law School professor Stephen Yale-Loehr. "The issue is too important for the Supreme Court to pass up."