Santa Fe New Mexican

Justices seem skeptical of challenge to travel ban

Decision on whether to uphold Trump’s ban expected by late June

- By Adam Liptak and Michael D. Shear

WASHINGTON — The Supreme Court’s five-member conservati­ve majority appeared prepared Wednesday to sustain President Donald Trump’s authority to impose a travel ban restrictin­g entry into the United States from several predominan­tly Muslim countries.

Those justices seemed ready to defer to Trump’s presidenti­al national security judgments and to discount his campaign promises to impose a “Muslim ban.”

Immigrant rights groups had hoped that Chief Justice John Roberts or Justice Anthony Kennedy would join the court’s four-member liberal wing to oppose the ban. But their questionin­g was almost uniformly hostile to the challenger­s.

Just a week after he took office, Trump issued his first travel ban, causing chaos at the nation’s airports and starting a cascade of lawsuits and appeals. Fifteen months later, after two revisions of the ban and a sustained losing streak in the lower courts, the Supreme Court took up the case in its last scheduled argument of the term.

Although the court had considered aspects of an earlier version of the travel ban, this was the first time the justices heard arguments on any of the challenges. A decision is expected by late June.

The case, Trump v. Hawaii, concerns Trump’s third and most considered bid to make good on his campaign promise to secure the nation’s borders. Challenger­s to the latest ban, issued as a presidenti­al proclamati­on in September, said Trump’s campaign speeches and tweets about Muslims were a clear indication that the ban was aimed at a particular religious group and not justified by security concerns.

The administra­tion said the third order was the product of careful study by several agencies into the security and informatio­n-sharing practices of nations around the world. The president’s lawyers urged the courts to ignore Trump’s statements, and to focus solely on the text of the proclamati­on and the process that produced it.

Several justices asked Solicitor General Noel Francisco about the government’s national security justificat­ions for the travel ban, pressing him to explain why the restrictio­ns should not be seen as tainted by religious animus.

“This is not a so-called Muslim ban,” he said. “If it were, it would be the most ineffectiv­e Muslim ban that one could possibly imagine.”

Hawaii, several individual­s and a Muslim group challenged the latest ban’s limits on travel from the predominan­tly Muslim nations; they did not object to the portions concerning North Korea and Venezuela. They prevailed before a U.S. District Court in Hawaii and before a three-judge panel of the 9th U.S. Circuit Court of Appeals, in San Francisco.

The appeals court ruled that Trump had exceeded the authority that Congress had given him over immigratio­n and had violated a part of the immigratio­n laws barring discrimina­tion in the issuance of visas.

 ?? LAWRENCE JACKSON/THE NEW YORK TIMES ?? A protester signs a giant passport outside the Supreme Court building in Washington on Wednesday. Justices grilled the government’s lawyer about President Donald Trump’s authority to impose a travel ban, which restricts entry into the U.S. from several...
LAWRENCE JACKSON/THE NEW YORK TIMES A protester signs a giant passport outside the Supreme Court building in Washington on Wednesday. Justices grilled the government’s lawyer about President Donald Trump’s authority to impose a travel ban, which restricts entry into the U.S. from several...

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