A Dozen States Back Travel Ban 3.0 At The Supreme Court

REUTERS/Kevin Lamarque

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Kevin Daley Supreme Court correspondent
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A coalition of a dozen states led by Texas asked the U.S. Supreme Court to lift lower court injunctions forbidding enforcement of President Donald Trump’s proclamation on enhanced vetting, the latest iteration of his travel ban.

Federal courts in Hawaii and Maryland issued orders enjoining the proclamation in October. The proclamation was issued at the conclusion of a previous 90-day ban on the entrance of migrants from six countries with high instances of terrorism, which expired in late September.

“Through its latest travel ban, the Trump administration has taken significant and common-sense steps to upgrade vetting and national security procedures vital to protecting Texas and the rest of the country from terrorism,” Texas Attorney General Ken Paxton said. “We’re hopeful the Supreme Court will agree with our coalition that the travel ban is lawful and constitutional, and should be enforced in its entirety.”

The coalition echoed arguments made by the Department of Justice when it asked the Supreme Court Monday to lift the lower court injunctions. The states say the new proclamation was the product of an equitable interagency process whose “extensive findings support the need for a suspension of entry for several failed states, governments that are state sponsors of terrorism, or governments otherwise unwilling or unable to respond to adequate vetting or other terrorism-related concerns.”

The states further say that courts may not forbid the proclamation’s enforcement on the basis of anti-Muslim animus absent clear proof of such a motive, and that the interagency process is proof of the government’s good faith and defeats all arguments that the order is a pretense for bigotry.

The states joining Texas on the brief were Alabama, Arizona, Arkansas, Florida, Kansas, Louisiana, Missouri, Ohio, Oklahoma, South Carolina and West Virginia.

The Supreme Court asked civil rights groups challenging the law to file a response to the government’s request by Nov. 28. A decision will come shortly thereafter.

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