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Jun 2, 2017

Following Defeats, Trump Administration Takes Travel Ban to Supreme Court

Jonathan A. Grode

Following last week’s appellate defeat before the Fourth Circuit Court of Appeals, the Trump Administration requested that the U.S. Supreme Court review the decision, which could set a nationwide precedent on the limits of the President’s control over the immigration laws.

The request, known as a Petition for a Writ of Certiorari, requires that at least four of the nine Supreme Court Justices agree to accept the case, lest the decision stand by default. Many within the legal community are of the opinion that the Court will hear the case because the stakes are so high. We agree with this forecast. Oral arguments could potentially occur before the Court’s summer recess and a decision made this fall.

The case before the Fourth Circuit involved Trump’s “revised” travel ban, which followed the government’s defeat before trial courts in Maryland and Hawaii. Presently, the ban is stayed nationwide and not in effect.

We will continue to keep our clients and partners updated as litigation continues, including any decision as to whether the Supreme Court will hear the case. Contact us today for any questions relating to travel into the U.S. from an affected country.

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