Trump administration asks Supreme Court to revive travel ban

WASHINGTON, June 1 (Reuters) - President Donald Trump's administration on Thursday asked the U.S. Supreme Court to revive his plan to temporarily ban travelers from six Muslim-majority nations after it was blocked by lower courts that found it was discriminatory.

In deciding whether to allow the ban to go into effect, the nine justices are set to weigh whether Trump's harsh election campaign rhetoric can be used as evidence that the order was intended to discriminate against Muslims.

The administration filed emergency applications with the nine high court justices seeking to block two different lower court rulings that went against Trump's March 6 order barring entry for people from Iran, Libya, Somalia, Sudan, Syria and Yemen for 90 days while the U.S. government implements stricter visa screening.

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Trump advocates show support for travel ban
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Trump advocates show support for travel ban

Demonstrators in support of the immigration rules implemented by U.S. President Donald Trump's administration, rally at Los Angeles international airport in Los Angeles, California, U.S., February 4, 2017.

(REUTERS/Ringo Chiu)

Pro-Trump demonstrators yell slogans during protest against the travel ban imposed by U.S. President Donald Trump's executive order, at Los Angeles International Airport in Los Angeles, California, U.S., January 29, 2017. REUTERS/Ted Soqui
A counter demonstrator holds a sign up as protesters gather in Battery Park and march to the offices of Customs and Border Patrol in Manhattan to protest President Trump's Executive order imposing controls on travelers from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen, January 29, 2017 in New York. / AFP / Bryan R. Smith (Photo credit should read BRYAN R. SMITH/AFP/Getty Images)
Demonstrators watch from an overpass as a counter-protester holds a sign outside Los Angeles International Airport (LAX) during a protest against U.S. President Donald Trump's executive order blocking visitors from seven predominantly Muslim nations in Los Angeles, California, U.S., on Sunday, Jan. 29, 2017. Court decisions temporarily blocked the U.S. administration from enforcing parts of Trump's order after a day in which students, refugees and dual citizens were stuck overseas or detained and some businesses warned employees from those countries not to risk leaving the United States. Photographer: Dania Maxwell/Bloomberg via Getty Images
A counter-protester, right, holds a sign and chants in front of other demonstrators outside Los Angeles International Airport (LAX) protesting against U.S. President Donald Trump's executive order blocking visitors from seven predominantly Muslim nations in Los Angeles, California, U.S., on Sunday, Jan. 29, 2017. Court decisions temporarily blocked the U.S. administration from enforcing parts of Trump's order after a day in which students, refugees and dual citizens were stuck overseas or detained and some businesses warned employees from those countries not to risk leaving the United States. Photographer: Dania Maxwell/Bloomberg via Getty Images

Demonstrators in support of the immigration rules implemented by U.S. President Donald Trump's administration, rally at Los Angeles international airport in Los Angeles, California, U.S., February 4, 2017.

(REUTERS/Ringo Chiu)

Demonstrators in support of the immigration rules implemented by U.S. President Donald Trump's administration, rally at Los Angeles international airport in Los Angeles, California, U.S., February 4, 2017.

(REUTERS/Ringo Chiu)

Demonstrators in support of the immigration rules implemented by U.S. President Donald Trump's administration, rally at Los Angeles international airport in Los Angeles, California, U.S., February 4, 2017.

(REUTERS/Ringo Chiu)

A demonstrator in support of the immigration rules implemented by U.S. President Donald Trump's administration, rallies at Los Angeles international airport in Los Angeles, California, U.S., February 4, 2017.

(REUTERS/Ringo Chiu)

Police officers stand guard as demonstrators in support of the immigration rules implemented by U.S. President Donald Trump's administration, rally at Los Angeles international airport in Los Angeles, California, U.S., February 4, 2017.

(REUTERS/Ringo Chiu)

Demonstrators in support of the immigration rules implemented by U.S. President Donald Trump's administration, rally at Los Angeles international airport in Los Angeles, California, U.S., February 4, 2017.

(REUTERS/Ringo Chiu)

Trump supporters demonstrate against a ruling by a federal judge in Seattle that grants a nationwide temporary restraining order against the presidential order to ban travel to the United States from seven Muslim-majority countries, at Tom Bradley International Terminal at Los Angeles International Airport on February 4, 2017 in Los Angeles, California.

(Photo by David McNew/Getty Images)

Arriving international travelers pass through a line of Trump supporters demonstrating against a ruling by a federal judge in Seattle that grants a nationwide temporary restraining order against the presidential order to ban travel to the United States from seven Muslim-majority countries, at Tom Bradley International Terminal at Los Angeles International Airport on February 4, 2017 in Los Angeles, California.

(Photo by David McNew/Getty Images)

Trump supporters argue with a man (R) who supports a ruling by a federal judge in Seattle that grants a nationwide temporary restraining order against the presidential order to ban travel to the United States from seven Muslim-majority countries, at Tom Bradley International Terminal at Los Angeles International Airport on February 4, 2017 in Los Angeles, California.

(Photo by David McNew/Getty Images)

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The move comes after the Richmond, Virginia-based 4th U.S. Circuit Court of Appeals on May 25 upheld a Maryland judge's ruling blocking the order.

The administration also filed a separate appeal in that case.

"We have asked the Supreme Court to hear this important case and are confident that President Trump's executive order is well within his lawful authority to keep the nation safe and protect our communities from terrorism," Justice Department spokeswoman Sarah Isgur Flores said in a statement.

The American Civil Liberties Union, one of the legal groups challenging the ban, tweeted in response: "We've beat this hateful ban and are ready to do it again."

At least five votes are needed on the nine-justice court in order to grant a stay. The court has a 5-4 conservative majority, with Justice Anthony Kennedy - a conservative who sometimes sides with the court's four liberals - the frequent swing vote. Another of the court's conservatives, Neil Gorsuch, was appointed by Trump this year.

If the government's emergency requests are granted, the ban would go into effect immediately.

The court first has to act on whether to grant the emergency applications, which could happen within a fortnight. Then, the justices will decide whether to hear the government's full appeal. The Supreme Court is not required to hear the case but is likely to due to its importance and the fact that the request is being made by the U.S. government.

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Protests against Trump's proposed travel ban
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Protests against Trump's proposed travel ban
People protest U.S. President Donald Trump's travel ban outside of the U.S. Court of Appeals in Seattle, Washington, U.S. May 15, 2017. REUTERS/David Ryder
A man holds an umbrella during a protest of U.S. President Donald Trump's travel ban outside of the U.S. Court of Appeals in Seattle, Washington, U.S. May 15, 2017. REUTERS/David Ryder
A protester from Amnesty International rallies against U.S. President Donald Trump's new executive order temporarily banning the entry of refugees and travelers from six Muslim-majority countries in Sydney, Australia, March 9, 2017. REUTERS/Jason Reed
Demonstrator protests against President Donald Trump's revised travel ban outside the offices of the U.S. Immigration and Customs Enforcement in Chicago, Illinois, U.S., March 16, 2017. REUTERS/Kamil Krzaczynski
A woman protests against U.S. President Donald Trump's travel ban outside of the U.S. Court of Appeals in Seattle, Washington, U.S. May 15, 2017. REUTERS/David Ryder
Chrissy Pearce protests outside the 9th U.S. Circuit Court of Appeals courthouse in San Francisco, California February 7, 2017, ahead of the Court hearing arguments regarding President Donald Trump's temporary travel ban on people from seven Muslim-majority countries. REUTERS/Noah Berger
Demonstrators protest against President Donald Trump's revised travel ban outside the offices of the U.S. Immigration and Customs Enforcement in Chicago, Illinois, U.S., March 16, 2017. REUTERS/Kamil Krzaczynski
Demonstrators protest against U.S. President Donald Trump's revised travel ban outside the offices of the U.S. Immigration and Customs Enforcement in Chicago, Illinois, U.S., March 16, 2017. REUTERS/Kamil Krzaczynski
NEW YORK, NY - MARCH 28: Protestors rally in front of the Trump Building on Wall Street during a protest against the Trump administration's proposed travel ban and refugee policies, March 28, 2017 in New York City. The Trump administration's proposed travel ban includes a provision that would bar refugees entry into the United States for 120 days. (Photo by Drew Angerer/Getty Images)
NEW YORK, NY - MARCH 28: Protestors place photographs of refugees in rafts in front of the Trump Building on Wall Street during a protest against the Trump administration's proposed travel ban and refugee policies, March 28, 2017 in New York City. The Trump administration's proposed travel ban includes a provision that would bar refugees entry into the United States for 120 days. (Photo by Drew Angerer/Getty Images)
CHICAGO, IL - MARCH 16: Demonstrators protest outside the office of Immigration and Customs Enforcement (ICE) on March 16, 2017 in Chicago, Illinois. The demonstrators were protesting the revised travel ban that the administration of President Donald Trump was trying to implement. The ban, which would restrict travel from six predominantly Muslim countries, was supposed to be instituted today but was halted yesterday by a federal judge in Hawaii. (Photo by Scott Olson/Getty Images)
Demonstrators gather near The White House to protest President Donald Trump's travel ban on six Muslim countries on March 11, 2017 in Washington, DC. / AFP PHOTO / Tasos Katopodis (Photo credit should read TASOS KATOPODIS/AFP/Getty Images)
Demonstrators gather near The White House to protest President Donald Trump's travel ban on six Muslim countries on March 11, 2017 in Washington, DC. / AFP PHOTO / Tasos Katopodis (Photo credit should read TASOS KATOPODIS/AFP/Getty Images)
WASHINGTON, DC - FEBRUARY 3: Protestors write messages directed toward President Donald Trump on lanterns near the Washington Monument, February 3, 2017 in Washington, DC. The protest is aimed at President Trump's travel ban policy. (Photo by Drew Angerer/Getty Images)
Thousands of protesters with banners and placards march through central London during a demonstration against U.S. President Donald Trump on February 4, 2017 in London, England. Thousands of protesters march from the U.S. Embassy in London to Downing Street today against President Trump's executive order banning immigration to the USA from seven Muslim countries. (Photo by Jay Shaw Baker/NurPhoto via Getty Images)
NEW YORK, NY - JANUARY 29: Linda Sarsour attends a rally to protest the executive order that President Donald Trump signed clamping down on refugee admissions and temporarily restricting travelers from seven predominantly Muslim countries in New York City on January 29, 2017 in New York City. (Photo by Noam Galai/WireImage)
MELBOURNE, AUSTRALIA - FEBRUARY 03: Demonstrators protest against US President Donald Trump's ban on people from seven Muslim-majority countries entering the US on February 3, 2017 in Melbourne, Australia. The demonstrators are protesting against United States President Donald Trump's travel ban affecting citizens from seven Muslim-majority countries. (Photo by Scott Barbour/Getty Images)
Rosalie Gurna, 9, holds a sign in support of Muslim family members as people protest against U.S. President Donald Trump's travel ban on Muslim majority countries, at the International terminal at Los Angeles International Airport (LAX) in Los Angeles, California, U.S., January 28, 2017. REUTERS/Patrick T. Fallon TPX IMAGES OF THE DAY
People protest against President Donald Trump's travel ban in New York City, U.S., February 1, 2017. REUTERS/Brendan McDermid TPX IMAGES OF THE DAY
Demonstrators participate in a protest by the Yemeni community against U.S. President Donald Trump's travel ban in the Brooklyn borough of New York, U.S., February 2, 2017. REUTERS/Lucas Jackson TPX IMAGES OF THE DAY
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The Justice Department has asked the court to expedite the case so that the justices could hear it at the beginning of their next term, which starts in October. That means, if the court allows the ban to go into effect, the final decision would be issued long after the 90 days has elapsed.

In the court filings, Acting Solicitor General Jeff Wall highlighted the unprecedented nature of courts second-guessing the president on national security and immigration.

"This order has been the subject of passionate political debate. But whatever one's views, the precedent set by this case for the judiciary's proper role in reviewing the president's national-security and immigration authority will transcend this debate, this Order, and this constitutional moment," he wrote.

In its 10-3 ruling, the appeals court in Virginia said the challengers, including refugee groups and others represented by the American Civil Liberties Union, were likely to succeed on their claim that the order violated the U.S. Constitution's bar against favoring or disfavoring a particular religion.

The government had argued that the court should not take into account Trump's comments during the 2016 U.S. presidential race since he made them before he took office on Jan. 20. But the appeals court rejected that view, saying they shed light on the motivations behind Trump's order.

During the campaign, Trump campaign called for a "total and complete shutdown of Muslims entering the United States."

His administration has argued that the travel ban is needed to prevent terrorism in the United States.

Federal courts in both Maryland and Hawaii issued rulings suspending key parts of the ban. The appeals court in Virginia upheld the Maryland ruling. A San Francisco-based appeals court is currently considering the Hawaii case.

The administration is asking the Supreme Court to throw out the injunction imposed in both cases.

The March ban was Trump's second effort to implement travel restrictions on people from several Muslim-majority countries through an executive order. The first, issued on Jan. 27, led to chaos and protests at airports and in major U.S. cities before it was blocked by courts.

The second order was intended to overcome the legal issues posed by the original ban, but it was blocked by judges before it could go into effect on March 16. (Reporting by Lawrence Hurley; Editing by Sue Horton, Christian Schmollinger, Shr Navaratnam and Michael Perry)

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