This only allows the travel ban to go into force while the arguments move through the lower courts. Basically, no injunction for now. What I don’t understand is what happens when one of the liberal lower court finishes its case and rules against the Trump administration. Is the travel ban then stopped until an appeal to a higher court reverses the lower court? So is this still an emotional yo-yo until the set of completed cases reach the Supreme Court, hopefully in time to be ruled on in June.
“Is the travel ban then stopped until an appeal to a higher court reverses the lower court?”
Remedied by POTUS’ legal team applying for an injunction staying the application of the decision pending appeal to the Supreme Court. It would seem that the SC has already given a presumptive basis for allowing this with the current decision.
I'm no lawyer but maybe we have one reading this thread who could comment on your very reasonable query.
My bet is that the Trump Administration would request an immediate Stay of the lower court order pending a full review by the Supreme Court. And given the clear view of the court on this matter, I would anticipate that the Stay would be granted.
But, then again, I'm not a lawyer.
Supreme Court has overrode lower court decisions. Lower courts can argue all the like, the ban is the law of the land!!
Exactly, the order just puts a hold on the injunction and permits the case to continue. Under the language of the order, it continues until the lower court rulings make it no longer necessary or until there’s a final disposition of the case, which includes any possible supreme court appeal.
Other than what one could argue is the court saying, “there’s a possibility the lower courts got this wrong, so we’re going to put a hold on their injunction until we can be sure”, the ruling has no impact on the merits (or lack thereof) of the case.
In brief, no... as long as the administration immediately appeals to the Supreme Court.