Travel Ban is back on – Thanks Supreme Court

· Supreme Court, Travel Ban
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Cases are consolidated.

Per Curium decision in favor of the US Government.

“We now turn to the preliminary injunctions barring enforcement of the §2(c) entry suspension. We grant the Government’s applications to stay the injunctions, to the extent the injunctions prevent enforcement of §2(c) with respect to foreign nationals who lack any bona fide rela- tionship with a person or entity in the United States. We leave the injunctions entered by the lower courts in place with respect to respondents and those similarly situated, as specified in this opinion. See infra, at 11–12.”

We accordingly grant the Government’s stay applica- tions in part and narrow the scope of the injunctions as to §2(c). The injunctions remain in place only with respect to parties similarly situated to Doe, Dr. Elshikh, and Hawaii. In practical terms, this means that §2(c) may not be en- forced against foreign nationals who have a credible claim of a bona fide relationship with a person or entity in the United States. All other foreign nationals are subject to the provisions of EO–2.”


JUSTICE THOMAS, with whom JUSTICE ALITO and JUSTICE GORSUCH join, concurring in part and dissenting in part.
I agree with the Court that the preliminary injunctions entered in these cases should be stayed, although I would stay them in full. The decision whether to stay the injunc- tions is committed to our discretion, ante, at 9–10, but our discretion must be “guided by sound legal principles,” Nken v. Holder, 556 U. S. 418, 434 (2009) (internal quota- tion marks omitted).”

https://www.supremecourt.gov/opinions/16pdf/16-1436_l6hc.pdf