Immigration, Justice

Travel Ban 2.0 Now Suspended Indefinitely

It does feel like this is all heading for a SCOTUS showdown, but will it break down along traditional party lines?

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(photo by Stephanie Keith/Getty Images).

(photo by Stephanie Keith/Getty Images).

U.S. District Judge Derrick Watson has converted his temporary restraining order against Trump’s Travel Ban 2.0 into a preliminary injunction.

In practical terms, that means that the Justice Department can move for an immediate Ninth Circuit review of Watson’s decision. Of course, why would they want to rush that, again? Now that they’ve given up the ghost on claiming that this Travel Ban has anything to do with an “immediate” threat to national interests, there’s no reason for the DOJ to rush an appeal to Watson’s ruling.

We don’t know what Trump’s next move will be. In the meantime, Judge Watson is smacking this attempt at bigotry right upside the head. From his decision:

The court will not crawl into a corner, pull the shutters closed, and pretend it has not seen what it has..

The court concludes that, on the record before it, plaintiffs have met their burden of establishing a strong likelihood of success on the merits of their Establishment Clause claim.

It does feel like this is all heading for a Supreme Court showdown, but I don’t know that this is going to break down along traditional party lines. I don’t know that John Roberts or Anthony Kennedy wants to author the next Korematsu-style decision. Approving bigotry based on “national security” concerns that aren’t fleshed out — that doesn’t age well.

Federal judge in Hawaii extends ruling halting travel ban indefinitely [CNN]

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Earlier: Court Blocks Travel Ban 2.0: Constitution 3 — Trump 0

Elie Mystal is an editor of Above the Law and the Legal Editor for More Perfect. He can be reached @ElieNYC on Twitter, or at elie@abovethelaw.com. He will resist.

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