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Allen and Hodgman | Ninth Circuit affirms order blocking travel ban 3.0, but Supreme Court allows ban to take effect pending appeals
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Ninth Circuit affirms order blocking travel ban 3.0, but Supreme Court allows ban to take effect pending appeals

On December 4, 2017, the U.S. Supreme Court granted a stay of the injunctions issued by the Maryland and Hawaii District Courts against the latest Trump travel ban. The effect of this stay is that the travel ban announced by presidential “proclamation” on September 24, 2017 has been allowed to take effect. The Hawaii order is on appeal to the Ninth Circuit, and the Maryland order is on appeal to the Fourth Circuit. The stay means that the orders blocking the travel ban will be suspended during the course of the appeals.

On Friday, December 22, 2017, the Ninth Circuit affirmed the Hawaii District Court order. The Ninth Circuit held once again that the travel ban violated the statutory prohibition on nationality-based discrimination, and exceeded the president’s lawful authority. Click here to read the Ninth Circuit’s opinion.

The Fourth Circuit en banc heard arguments on the Travel Ban on Friday December 8, 2017. The Fourth Circuit is expected to hand down its decision shortly.

Once the Fourth Circuit has ruled, the Supreme Court will, without doubt, hear appeals of both cases. It is likely the Travel Ban will remain in effect at least until the decision is made to hear the appeal.