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Wednesday, October 11, 2017

The Supreme Court Wipes The Slate on the So-Called Travel Ban

In an order released yesterday, the Supreme Court dismissed the case challenging President Trump's Executive Order that temporarily barred entry of citizens from six countries.  That executive order was replaced by the White House with a new one a few weeks ago, so the challenge to the old one is moot.  In additional to dismissing the case, however, the Court also vacated the decisions of the 4th Circuit that had struck down the executive order.  By so doing, SCOTUS makes clear that the lower court's use of statements made during the campaign by President Trump to determine the supposed real purpose of the executive order is incorrect. 

Hopefully, this will end the nonsense of courts using something other than the clear language of a law or executive order to determine its meaning.  Certainly, that should be the conclusion of the lower courts.  If not, the matter will get back to SCOTUS, and the outcome there is rather clear.

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