Reports are that the Trump direction volition shortly inquire the Supreme Court to remain the Fourth Circuit's club upholding the nationwide injunction against the so-called locomote ban. Putting aside the merits, I wonder close 1 facial expression of the case's posture. Initially the ban was presented every bit urgently required then that the authorities could prepare "stronger" procedures for screening applicants for visas from the designated countries; the initial ban would own got been applicable to the inety days the authorities said it would own got to prepare those procedures. After the Hawaii courtroom entered a nationwide injunction, every bit I sympathize it, the Department of Justice moved for a clarification of the order, asking, inward particular, that it go allowed to cash inward one's chips along to piece of job on the "stronger" vetting procedures. Again every bit I sympathize it, the plaintiffs opposed the motion for clarification too the district courtroom denied it without comment. The plaintiffs took the position inward the Fourth Circuit that the authorities could cash inward one's chips along to piece of job on developing procedures every bit a world-wide basis; the Department of Justice patently had a like interpretation, that the injunction barred it from working on nation-specific procedures.
From an outsider's perspective, the Department of Justice's position seems unnecessarily strong. But, fifty-fifty if it is a plausible -- or mayhap fifty-fifty the exclusively available -- interpretation of the Hawaii injunction, the Supreme Court for certain has the ability to remain the Fourth Circuit's conclusion [modify the underlying injunction] on the Court's ain agreement -- or determination -- that the authorities tin resume working on the nation-specific procedures. (One mightiness intend that the nation-specific approach is inconsistent amongst the Fourth Circuit's noun holding, inward that the identification of the nations for stronger procedures is infected yesteryear the same impermissible motives every bit is the ban itself. Maybe so, though to the extent that the noun asset rests on references to a locomote ban, the bad motives mightiness non infect a conclusion to piece of job stronger procedures.) Modifying the injunction would, I would think, own got the wages of (prospectively) mooting the merits were the Court to listen the representative on its commons schedule, because the xc days needed to prepare the novel procedures would almost for certain own got expired yesteryear the fourth dimension the Court took upwards the representative on the merits.
So: (a) Who on the Court is smart plenty to figure this out? [Essentially everyone, I would think.] And, (b) is in that place anyone who would acquaint the affair inward this agency to the Court when the authorities applies for a stay?
From an outsider's perspective, the Department of Justice's position seems unnecessarily strong. But, fifty-fifty if it is a plausible -- or mayhap fifty-fifty the exclusively available -- interpretation of the Hawaii injunction, the Supreme Court for certain has the ability to remain the Fourth Circuit's conclusion [modify the underlying injunction] on the Court's ain agreement -- or determination -- that the authorities tin resume working on the nation-specific procedures. (One mightiness intend that the nation-specific approach is inconsistent amongst the Fourth Circuit's noun holding, inward that the identification of the nations for stronger procedures is infected yesteryear the same impermissible motives every bit is the ban itself. Maybe so, though to the extent that the noun asset rests on references to a locomote ban, the bad motives mightiness non infect a conclusion to piece of job stronger procedures.) Modifying the injunction would, I would think, own got the wages of (prospectively) mooting the merits were the Court to listen the representative on its commons schedule, because the xc days needed to prepare the novel procedures would almost for certain own got expired yesteryear the fourth dimension the Court took upwards the representative on the merits.
So: (a) Who on the Court is smart plenty to figure this out? [Essentially everyone, I would think.] And, (b) is in that place anyone who would acquaint the affair inward this agency to the Court when the authorities applies for a stay?
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