On March 16, 2017, President Trump’s ban on travel from seven Muslim majority countries was halted by an injunction issued by federal judges in the states of Hawaii and Maryland. This was the second time the President’s executive order was shot down by the federal judiciary. This injunction was followed by a denial from the federal appeals court to reinstate the travel ban.
Recently, the Supreme Court granted the Trump administration’s request to stay the injunction issued on March 16, partially. The ruling was 9-0 in favor of reinstating the ban. The Supreme Court said the overall ban can be implemented on anyone except “foreign nationals who have a credible claim of a bona fide relationship with a person or entity in the United States”.
In a separate opinion, Justices Gorsuch, Alito, and Thomas wrote that they agreed with the decision but believed the ban should be reimplemented in full with no exceptions.
This vindication of the President has solidified the President’s authority over matters relating to national security. Additionally, this development proves that the judiciary is not supposed to use their political biases nor assume intentions of a law when deciding the constitutionality of a law. They should decide based on what the law states within the four corners of the document. The politicizing of the judiciary will only lead to a drop in confidence that the courts can be independent and distribute justice lawfully.
Although, the Trump administration can celebrate a win for now, the Supreme Court has said it will take a closer look at the executive order when it reconvenes this fall. This matters because depending on how the Supreme Court votes, the president may lose the long held power to regulate immigration and have control over national security issues. Additionally, this case will put a check on the judiciary if it is fully ruled in favor of the president in the fall. This is because judges in a federal court tried to shoot down national security and foreign policy which was a drastic overstep of the judiciary.