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Will Trump’s Latest Travel Ban Pass Muster With The Supreme Court?

Caleb Jones
Critics of President Donald Trump's travel ban hold signs during a news conference with Hawaii Attorney General Douglas Chin in Honolulu in June.

The U.S. Supreme Court has asked plaintiffs against President Donald Trump’s so-called Muslim ban to file new briefs by next Thursday in response to his new executive order.

Trump issued a third version of the executive order on Sunday. It restricts travel from seven Muslim-majority countries indefinitely. It also bans some travelers from Venezuela and North Korea.

Cristina Rodriguez, a professor at Yale Law School, says the latest travel ban does focus more on countries that pose national security concerns. But plaintiffs could say that Trump’s intent is the same.

“Challengers would argue that everything that has happened up to this point and the President’s statements about his intention remain relevant. Because this is, although different in certain material respects, the same kind of action banning the entry of people from certain designated countries. Most of them Muslim-majority.”

Rodriguez says the court faces one big question to decide if they should hear the arguments.

“Is it ever possible for the Administration to cure its anti-religious bias that might have been reflected, or intent that might have been affected, in prior orders by making it look more tailored to national security concerns?”

The new travel ban affects two cases: Trump v. Hawaii and Trump v. International Refugee Assistance Project.