December 6, 2017 — Professor Douglas W. Kmiec, U.S. Ambassador (Ret.), has authored the op-ed, “The court and the president: Does the travel ban win suggest reconciliation?” The article, published in The Hill, considers the effect of the Supreme Court order allowing travel restrictions on citizens from eight nations to be enforced while legal challenges continue in the lower courts.
Excerpt from “The court and the president: Does the travel ban win suggest reconciliation?”:
President Trump is portraying the Supreme Court’s order, which allows the so-called travel ban to be enforced during the lower court challenges to it, as a great legal victory. A bit hyperbolic, like much in the presidential vocabulary, but a win nonetheless. The court’s decision to vacate earlier injunction is a shift from its assessment of last June, amended this fall, that allowed the ban to be enforced only in part.
The court’s decision is favorable to the president, but as the ACLU and others challenging President Trump point out, it is not a decision on the merits; rather, it is an attempt by the justices to clear the worktable of earlier iterations of the so-called travel ban, which by operation of time had largely become moot.
The complete article may be found at thehill.com