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The Supreme Court said Friday that it will rule on legal challenges to the latest version of President Donald Trump’s travel ban. Oral arguments are set for April and a ruling is expected before the end of the Court’s term in June.
Key points:
Background: The latest version of Trump’s travel ban was issued in September after two earlier versions were met with resistance in the courts. The third version applied to more countries, but was also more carefully crafted to withstand judicial scrutiny. The Court is now set to rule on the merits of the legal challenges, including whether the president had the legal authority under the Immigration and Naturalization Act to issue the ban and whether it represents a violation of the First Amendment’s Establishment Clause.
BAL Analysis: The Court has the opportunity to settle some of the legal questions that have surrounded the travel ban and its earlier iterations for almost a year. The Court’s previous order allowing the travel ban to remain in place pending appeal indicates that the Court may be inclined to support this version of the ban, but the Circuit Court opinions, which had not yet been considered by the Court, may influence the justices’ final decision.
The current version of the ban has not dramatically expanded the number of employees subject to travel restrictions for most companies. BAL released an FAQ on the restrictions when they were released in September. The analysis is available here.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.
Copyright © 2018 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
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