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Full Supreme Court Temporarily Preserves Trump Travel Ban

Supreme Court
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September 12, 2017

The full Supreme Court concurred with Justice Anthony Kennedy on Tuesday to overturn a lower court's limits on the Trump administration's travel ban.

The court issued a one-paragraph summary statement late Tuesday evening overturning a ruling from the Ninth Circuit Court of Appeals, the Washington Post reports.

Tuesday's ruling concurred with the preliminary ruling issued by Justice Anthony Kennedy on Monday evening. Kennedy's ruling was also summary; neither offered reasoning for the decision, although this is not an abnormal practice.

The Supreme Court's ruling was prompted by the Ninth Circuit's finding last week that the Trump administration was required to allow refugees from banned countries who either had assurances from a U.S.-based refugee settlement program or were the extended family of current residents of the United States.

The Department of Justice appealed the Ninth's ruling to the Supreme Court on Monday, arguing that it would create uncertainty and confusion around the implementation of the travel ban. It was that appeal that first Kennedy, and now the whole Supreme Court, took up.

The travel ban, which blocks travelers Iran, Libya, Somalia, Sudan, Syria and Yemen from entering the U.S. for 90 days following its implementation, has been the subject of much legal wrangling, and now no fewer than three orders from the Supreme Court.

Full arguments surrounding the ban, consolidating several lower cases, will be heard by the Supreme Court on October 10.