Hawaii seeks injunction against Trump admin interpretation of SCOTUS Travel Order ruling

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Legal Insurrection

Hawaii seeks injunction against Trump admin interpretation of SCOTUS Travel Order ruling

 

 

Posted by William A. Jacobson    Friday, June 30, 2017 at 10:40am

Just as predicted, more litigation, this time an “Emergency Motion to Clarify” the District Court’s prior injunction.

When the Supreme Court reinstated substantially all of Trump’s Travel Order No. 2, three justices (Thomas, Alito, Gorsuch) want to go further, and uphold the Travel Order in its entirety.

Part of their reasoning was that since the Travel Order was lawful, trying to parse what constitutes a “bona fide” relationship to the U.S. would generate just more litigation:

I agree with the Court that the preliminary injunctions entered in these cases should be stayed, although I would stay them in full…. 

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Twice rejected, Hawaii goes to court AGAIN to halt Trump Travel Order implementation

 

Posted by William A. Jacobson    Saturday, July 8, 2017 at 6:30pm

“This Court should not permit the Government to flout its directives at the expense of countless Americans and their loved ones”

We previously wrote how the State of Hawaii (with co-plaintiff Dr. Ismail Elshikh) struck out in Hawaii federal court and in the 9th Circuit, in seeking “clarification” of how Trump’s Travel Order No. 2 was to be implemented in light of the prior court injunctions and the Supreme Court’s substantial overruling of those injunctions:

• Judge Denies Hawaii request to halt Trump admin interpretation of SCOTUS Travel Order ruling
• 9th Circuit DENIES Hawaii request for Emergency Injunction over Trump Travel Order

The key problem identified by the court was the Hawaii’s request for “clarification” was not proper. The District Court ruled that if Hawaii wanted clarification of a Supreme Court Order, it should seek such clarification from the Supreme Court:

“Upon careful consideration of the parties’ submissions, it is evident that the parties quarrel over the meaning and intent of words and phrases authored not by this Court, but by the Supreme Court in its June 26, 2017 per curiam decision.     http://legalinsurrection.com/2017/07/twice-rejected-hawaii-goes-to-court-again-to-halt-trump-travel-order-implementation/ 

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15 States Join Hawaii Challenge to Travel Ban

Pete Williams NBC News

Fifteen states and the District of Columbia on Monday joined Hawaii's renewed effort to broaden the scope of exceptions to President Donald Trump's executive order on travel.

The states are urging a federal judge in Honolulu to rule that the Trump administration wrongly excluded grandparents and other relatives from the list of close family members who can still get visas to travel to the United States during the 90 days that the executive order is in force. A federal appeals court dismissed Hawaii's first effort on Friday but indicated a way for the state to try again.     

http://www.msn.com/en-us/news/us/15-states-join-hawaii-challenge-to-travel-ban/ar-BBEafBY?li=AA4ZnC&ocid=spartandhp

  

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Judge orders entry of more foreign relatives, refugees

A federal judge in Hawaii late Thursday afternoon ordered the Trump Administration to relax its new controls on immigrants, to allow the entry of more foreign relatives of U.S. residents and more refugees from around the world.  The judge refused to put his new ruling on hold, even if the Administration now moved to appeal it, either to the Supreme Court or to a federal appeals court.

In a 26-page decision, U.S. District Judge Derrick K. Watson ruled that the Administration is interpreting too narrowly the Supreme Court’s June 26 decision on who among foreign travelers and refugees are entitled to enter the country under President Trump’s March 6 executive order.

The restrictions the government put into effect on June 29, the judge declared, were an “unduly restrictive reading” of the kind of family ties the Supreme Court had in mind and also lacked “common sense” about who constitutes a family.          http://lyldenlawnews.com/2017/07/13/judge-orders-entry-foreign-relatives-refugees/

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Amy Howe Reporter and Independent Contractor

Posted Sat, July 15th, 2017 12:18 am

Email Amy 

Federal government asks Supreme Court to clarify order in travel ban litigation (UPDATED)

(UPDATE: The Supreme Court has ordered the challengers to respond to the government’s motion for clarification by 12 p.m. on Tuesday, July 18.)

The battle over President Donald Trump’s March 6 executive order, often referred to as the “travel ban,” returned to the Supreme Court on Friday night, as the federal government asked the justices to clarify exactly who should be allowed to enter the United States under the order. This week’s ruling by a federal judge in Hawaii, the Trump administration complained, interpreted a June 26 order by the Supreme Court, allowing the government to implement the March 6 order, so expansively that it effectively read any limits out of the June 26 order. The Supreme Court therefore should step in, the government told the justices, because “the correct interpretation” of the justices’ order “is a legal question that only this Court can authoritatively resolve.”

The Friday night filing was just the latest round in the dispute over the March 6 order, which imposed a freeze on new visas for travelers     http://www.scotusblog.com/2017/07/federal-government-asks-supreme-court-clarify-order-travel-ban-litigation/