On Wednesday, the Trump administration modified the start date of the proposed travel ban executive order in an attempt to keep it alive, Reuters reported. The only branch of the government that is acting outside its constitutional authority is the judicial branch, not the executive branch. In both cases, lower court judges have refused to allow enforcement, and have ruled that the executive order probably violated federal immigration laws (the result in the Hawaii case in the Ninth Circuit) or probably violated the Constitution (in the Maryland case in the Fourth Circuit).
In an added dramatic twist, Trump himself plans to go to the Supreme Court on Thursday for the investiture of Justice Neil Gorsuch, an administration official said.
Under the amendment, the 90-day ban won't start until court orders now blocking it are lifted.
U.S. President Donald Trump signs his executive order on travel on January 27. Presidents do have substantial latitude in setting immigration policy and in preserving national security, but those powers are not limitless and can not be exercised arbitrarily.
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That 90-day period was about to expire, with some challengers of the ban using the lapsing timetable to reason that the executive order was now moot.
In the second case, the Richmond, Virginia-based 4th U.S. Circuit Court of Appeals, on May 25 upheld the Maryland judge's ruling.
Attorney General Jeff Sessions vowed to press the Supreme Court to take up the issue. "It can not go unchecked when, as here, the President wields it through an executive edict that stands to cause irreparable harm to individuals across this nation".
Staffers in the the Washington Attorney General's office look on as Attorney General Bob Ferguson addresses a news conference about a federal appeals court's refusal to reinstate President Donald Trump's ban on travelers from seven predominantly Muslim nations, Thursday, Feb. 9, 2017. "We welcome this ruling and believe it and the previous rulings in different courts outline a clear path that the Supreme Court should follow".
The Supreme Court on Tuesday gave the Trump administration more time to file papers responding to an appeals court ruling on Monday that upheld a block on the travel ban.