WASHINGTON, D.C. — The Supreme Court has given President Donald Trump a major victory by reviving his disputed ban on foreign travelers from six Muslim-majority nations.
The justices rejected a series of lower-court orders that had blocked Trump’s policy from taking effect.
The court’s conservative justices agreed with Trump and his lawyers, who argued that the Constitution and federal immigration laws give the chief executive broad power to restrict or “suspend” the entry of foreign individuals or groups into this country.
Despite the earlier defeats, Trump had voiced confidence he would prevail once the travel ban reached the Supreme Court. His confidence was bolstered in April when his first appointee, Justice Neil M. Gorsuch, was confirmed and sworn in.
The high-court decision suggests that the justices were more troubled by the bold intervention of the judges who blocked Trump’s order than by the new president’s aggressive use of his authority.
Trump’s order, first issued on Jan. 27, called for a temporary ban on travelers from several Muslim-majority nations, including Libya, Somalia and Yemen, where legal authority had broken down. That order was blocked by the courts and the administration revised it to address some of the legal concerns.
In defending both versions, the president’s advisors argued that a 90-day pause would allow the administration to devise new and stronger vetting procedures to screen travelers.
But federal district judges in Washington state, Hawaii and Maryland, acting on lawsuits, barred both orders taking effect. They cited Trump’s campaign promise to enact a “Muslim ban,” and said his order was suspect and probably unconstitutional because it reflected religious bias. Trump’s lawyers challenged those decisions, but lost in U.S. 4th Circuit Court of Appeals in Virginia and the 9th Circuit Court in California.
In appealing to the high court, acting U.S. Solicitor General Jeffrey Wall contended that the judges had wrongly “second guessed” the president’s determination that travelers from these six nations could threaten the nation’s security. He quoted a June 19 opinion by Justice Anthony M. Kennedy that said “national security policy is the province of the Congress and president,” adding that courts should “accord deference to what the executive branch has determined is essential to national security.”
The six countries targeted by Trump’s order are Iran, Libya, Somalia, Sudan, Syria and Yemen.
The two cases before the court were Trump vs. Hawaii and Trump vs. International Refugee Assistance Project.