President Trump recently announced he will fight for a certain executive order to be brought to the highest level of the law – the Supreme Court of the United States.
Backed by the Department of Justice, this executive order controversy should truly test how much power the president has.
And while liberal states are fighting against the executive order by attempting to block it, the Supreme Court will have the final say in whether it is a constitutional order or not, as Democrats claim it is not.
President Trump, along with the Department of Justice, will defend the executive order on refugees and migrants to verify the constitutionality of a pause in immigration for vetting reconsiderations.
The 4th U.S. Circuit Court of Appeals upheld the ruling and barred the order’s enforcement, at the encouragement of several liberal states.
The Daily Caller reported:
“This Department of Justice will continue to vigorously defend the power and duty of the Executive Branch to protect the people of this country from danger, and will seek review of this case in the United States Supreme Court,” Sessions said in a statement shortly after the ruling Thursday.
Currently, the Department of Justice is working to appeal the case to the Supreme Court, which could be done in several ways.
The easiest way to bring the case to the upper-level court is to file an emergency petition within the court, asking the justices to hold lower court rulings and restating it on a temporary-basis while the upper court deliberates.
The Daily Caller reported:
An order staying the lower court rulings and reinstating Trump’s directive — on a temporary basis — requires five votes. The justices could issue such an order and then deliberate as to whether they should accept the case. In the alternative, they could deny the emergency petition, and the government would then follow turn to the standard cert procedure to seek review.
There is also the matter of the 9th Circuit to consider. The court is much more likely to review the case if the 4th and 9th Circuits reach different conclusions as to key questions of the controversy. The Supreme Court’s primary function is to ensure uniformity of federal law.
If multiple federal courts differ over a particular question, the court is more likely to address it in order to protect homogeneity. Therefore, the Department may wish to wait for the 9th Circuit’s decision before petitioning the Supreme Court, in hopes that major differences between the rulings would engender greater interest in the case among the justices.
The 9th Circuit’s decision is expected in a matter of days.
The justices must also choose whether to intervene and take the case – something that is likely, considering the importance of the issue.
Once the case is brought to the Supreme Court, it will be interesting to see how the conservative weight will factor into the decision, since Republicans hold a 5-4 vote after President Trump’s Supreme Court nominee was confirmed.
Do you think that the temporary pause in travel was unconstitutional in any way?
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