Hawaii seeks to block latest travel ban, adds plaintiffs

Hawaii seeks to block latest travel ban, adds plaintiffs

Hawaii seeks to block latest travel ban, adds plaintiffs

Five of the six countries included in the travel ban the supreme court was supposed to review remain in the latest version.

The court had originally planned to hear two cases challenging the order on October 10, but cancelled arguments after Trump issued new, targeted restrictions on travel from eight countries - Chad, North Korea, Venezuela, Iran, Libya, Syria, Yemen and Somalia.

The court did not act on a separate challenge brought by the state of Hawaii, which the court had also agreed to hear.

Because most of the controversial provisions of the executive order only last 90 days, Trump it could be fully implemented before the Court hears the case.

Hawaii also filed a proposed amended lawsuit Tuesday targeting the newest policy and adding plaintiffs who lawyers say it harms. Though the Court does not explain why it treats these two cases differently, it likely stems from one crucial difference between them. It held that Trump's earlier temporary travel ban order was unconstitutional.

The high court's new order vacated a caustic ruling that the 4th U.S. Circuit Court of Appeals issued in May in which the court's chief judge declared that Trump's ban "drips with religious intolerance, animus and discrimination".

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At the same time, lower courts also tried to place strict additional limits on the refugee ban. She would have dismissed the case but in a way that would have preserved the appeals court ruling against the ban, rather than vacating it. Technically, section 2 (c) of Executive Order No. 13,780 expired on September 24th, though it was replaced with a new travel ban impacting eight different nations.

The 4th Circuit case was brought by the International Refugee Assistance Project, which argued that banning travel from six majority-Muslim countries violated the First Amendment's guarantee of freedom of religion.

This post originally appeared at Howe on the Court.

One judge has already scheduled a hearing for Monday on a request to block Trump's new order before it kicks in next week.

Trump issued a new proclamation about immigrants last month, and the administration had told the court that meant there was no reason for the justices to pass judgment on the old one.

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