MAGA SCOTUS Backs Trump, Chides Liberal Lower Courts

The U.S. Supreme Court appears somewhat irritated with federal courts that have repeatedly barred the Trump administration from enforcing immigration policies halting the entry of certain classes of migrants and refugees.

The high court’s latest orders sent three clear signals to lower courts, all of which are positive signs for President Donald Trump.

First, the Supreme Court is quite clearly expressing its view that the government will prevail on the merits of this dispute. The Court would not grant an application with these facts if a majority of the justices did not believe the administration will ultimately be vindicated. As such, the orders appear to be a signal to the 4th and 9th U.S. Circuit Courts of Appeal, two venues currently adjudicating travel ban challenges — proceed prudently, and with sufficient respect for the presumption that the administration is acting in good faith.

Third, the order instructs the 4th and 9th Circuits to “render [their] decision with appropriate dispatch.” This language is highly unusual in a Supreme Court order. It seems to suggest that the justices plan to take the case themselves, and dispose of it as quickly as possible. Timing is especially relevant here. The Court’s current term ends in June, leaving just six months from this writing for briefing, argument, and deliberation.


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