undergroundnewsroom.com April 26, 2018

Trump changes travel ban expiration date ahead of high court decision

21 June 2017, 07:06 | Ruben Thornton

The Latest: White House says travel ban is 'fully lawful'

Another US appeals court keeps US President Donald Trump's travel ban blocked

Theoretically, the Supreme Court could interpret the clock as having started when the administration was allowed to begin developing new visa procedures for citizens of those countries.

The Supreme Court on Tuesday gave the Trump administration more time to file papers responding to an appeals court ruling on Monday that upheld a block on the travel ban.

The White House released a memorandum Wednesday declaring that the effective date of the president's executive order banning travelers from six Muslim-majority countries "is delayed or tolled" until all relevant court injunctions "are lifted or stayed".

An executive order can not be divorced from its intent, and if the motivation behind it wasn't sufficiently clear before, Trump's recent tweetstorm of complaints about the "politically correct" version of the travel ban the Justice Department crafted (at his behest) after the initial version was struck down confirms that his intent hasn't changed.

The presidential memo, sent on Wednesday afternoon to the attorney general, the secretary of Homeland Security, and director of national intelligence, seeks to extend the viability of one of the travel ban's key pieces: the temporary suspension, for a period of 90 days, of immigration to the United States from six predominantly Muslim countries - Iran, Libya, Somalia, Sudan, Syria, and Yemen.

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Wall suggested a briefing schedule that would run to June 21. Hawaii, which challenged the ban and won in the appeals court, is permitted to file its own brief on June 20, meaning the court is unlikely to act on the emergency application until next week at the earliest. Trump nominated Gorsuch in January.

In its reply briefs submitted to the Supreme Court, the government argued that the "clarification forecloses respondents' mootness argument" and asked the Supreme Court to stay the Maryland and Hawaii injunctions, and grant a writ of certiorari to take the case. They are also considering a separate case, from Maryland, that was decided in May by a different appeals court, the U.S. Court of Appeals for the Fourth Circuit. Watson blocked those portions of the travel ban before they could go into effect.

Legendary journalist Lyle Denniston is Constitution Daily's Supreme Court correspondent.

While the dispute over the travel ban and other controversies have simmered during Trump's first few months in office, his choice of the 49-year-old Gorsuch for the Supreme Court won widespread praise in the legal community as well as unanimous Republican support in the Senate.

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