Trump’s travel ban likely on its way to US Supreme Court

WASHINGTON: Whether the US 9th Circuit Court of Appeals decides to uphold a federal judge’s block on President Donald Trump’s travel ban or re-imposes the White House ruling, it is almost certain that its decision will be appealed at the Supreme Court in a petition by either the administration or its foes.

The three-judge panel in the San Francisco court was expected to decide soon the fate of Trump’s ban, after receiving Monday afternoon the Justice Department’s case to reinstate the restrictions.

The ban, put in place on Jan. 27, was blocked six days later by a US federal judge in Seattle, reversing Trump’s order and opening a window for travelers from the seven countries on the list — Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen — to enter the US.

Intensifying legal battles

Regardless of what the San Francisco court decides on the case, both sides are bracing for an intense legal fight that could end up at the highest US legal authority, the Supreme Court, for an appeal of the decision.

Trump promised his supporters he would overturn the decision of federal Judge James Robart (a Republican appointed by former President George W. Bush) to block his order.

The US president tweeted after the block: “The opinion of this so-called judge, which essentially takes law-enforcement away from our country, is ridiculous and will be overturned!”

Nevertheless, the legal challenges and uproar caused by the ban have only intensified following its issuance 10 days ago.

Ninety-seven top US technology companies — including Apple, Google, Netflix, Yelp and Microsoft — have joined hands in filing a legal brief arguing that the ban “inflicts significant harm on American business, innovation and growth.”

Their complaint echoed the words of hundreds of protesters who have swarmed US airports in the last week and a half.

The tech giants noted that “immigrants or their children founded more than 200 of the companies on the Fortune 500 list.”

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Trump administration also appears to be losing the battle to justify the ban to average Americans.

A CNN poll released Friday indicated that 53 percent of Americans oppose Trump’s order. A CBS poll, also released Friday, showed that 51 percent disapprove of the order.

Bipartisan condemnation

Adding to Trump’s troubles with the ban was a letter issued Monday, signed by 10 former US foreign policy and intelligence officials, urging the court to uphold Robart’s block.

The letter was “signed by former secretaries of state including John Kerry, Madeleine Albright, Condoleezza Rice and former CIA directors Michael Hayden and Michael Morell,” Reuters reported.

The letter told the court it sees no justification for the ban and is “unaware of any specific threat. To the contrary, the order disrupts thousands of lives, including those of refugees and visa holders all previously vetted by standing procedures that the administration has not shown to be inadequate.”

As all eyes are on the 9th Circuit Court awaiting an imminent decision, it is widely expected that the Trump administration or opponents of the ban will petition the decision at the Supreme Court if it is not in their favor.

If the Supreme Court takes the case, the current divide between liberal and conservative judges could produce a 4-4 ruling.

If that happens, or if the Supreme Court rejects the case, the final word will go to the San Francisco court, unless Trump defies that decision and re-imposes the executive order.

However, such a scenario and if Trump challenges the court order, he could be found in contempt and could prompt a constitutional crisis, the Washington Post reported.

For now, the awaited court ruling on re-imposing the ban or upholding its block will affect the lives of millions in the seven countries on the list.

It will also decide the kind of measures implemented by airlines, border security and immigration officers for travelers coming to the US.