Supreme Court Order Hints at Slam Dunk Win for Trump’s Travel Ban


June 26, 2017

As predicted and penned on this very website, the Supreme Court set aside the injunctions issued by the Fourth and Ninth Circuits, the Virginia, Hawaii and Washington district courts, almost in their entirety, on the very reasons forecast here before: the over breadth of the injunctions, and the district courts trying to limit the power of the presidency over non-resident aliens with no legally enforceable ties to America.

First, what the Supreme Court ruled on was a stay motion. In order to grant the stay motion, the court must acknowledge Trump is highly likely to win on the merits, which it does implicitly, but even then the Supreme Court has been historically reluctant to issue stay orders. The fact they did so hear, and did so unanimously, is a great win for the rule of law, as well as Trump. When law professors like Dershowitz and Turley have been echoing the opinions on these pages about the lawfulness of Trump’s travel ban, it was the rule of law that suffered as partisan jurists on the lower benches put the law aside for their partisan obsession with Trump.