Supreme Court Stays Enforcement of Orders Enjoining Travel Ban

Today the U.S. Supreme Court gave the Trump administration a major victory, staying the orders of two lower courts that enjoined enforcement of the president’s revised travel ban. This means that the orders can be enforced, and travel from the affected countries can be banned or limited, while the courts continue to process appeals in the two cases.

You can read the Court’s two orders here and here. They were issued on 7-2 votes, with Justices Sotomayor and Ginsburg dissenting in both cases.

When a court addresses requests for preliminary relief like those at issue here, a key issue is the court’s assessment of which party is likely to ultimately prevail on the merits. The Court’s two orders today strongly suggest that a solid majority of the Court thinks the president’s travel ban order will prove to be valid and enforceable. In my opinion, that conclusion is rather obviously correct.