Supreme Court upholds block on Trump's asylum ban

The Supreme Court on Friday upheld a federal judge's order blocking the Trump administration's new asylum re...

Posted: Dec 23, 2018 12:52 PM
Updated: Dec 23, 2018 12:52 PM

The Supreme Court on Friday upheld a federal judge's order blocking the Trump administration's new asylum restrictions.

Chief Justice John Roberts sided with the four liberal justices in the 5-4 ruling.

Donald Trump

Government and public administration

Government bodies and offices

Government organizations - US

Political Figures - US

Politics

US federal court system

US federal government

US Supreme Court

Brett Kavanaugh

Immigration

Immigration, citizenship and displacement

Injunctions

International relations and national security

Jeffrey Toobin

John Roberts (Justice)

Law and legal system

Misc people

Political asylum

Trial and procedure

White House

The administration's policy, signed on November 9, would temporarily bar migrants who illegally cross into the US through the southern border from seeking asylum outside of official ports of entry. A federal judge in California quickly blocked the order, and the 9th US Circuit Court of Appeals agreed.

"It's a major blow to the Trump administration and sends a strong signal that there are at least five justices who agree with the district court that the asylum ban exceeds the President's statutory authority," said Steve Vladeck, CNN Supreme Court analyst and professor at the University of Texas School of Law.

Justice Department spokesman Steven Stafford said the department would continue fighting the block on the ban.

"We are disappointed that the Court did not stay one of the unprecedented 25 nationwide injunctions against the Trump administration, but the Court has not yet fully considered the merits of this case," Stafford said in a statement to CNN. "We will continue to defend the Executive Branch's lawful authority over the discretionary benefit of asylum."

ACLU attorney Lee Gelernt said the ruling "will save lives and keep vulnerable families and children from persecution."

"We are pleased the court refused to allow the administration to short-circuit the usual appellate process," Gelernt said.

Justices Clarence Thomas, Samuel Alito, Neil Gorsuch and Brett Kavanaugh said they would have granted the administration's request to lift the hold on the ban. This is the first high-profile vote in which Kavanaugh broke from Roberts. Earlier this year, he and Roberts joined with liberals to rebuff efforts by states seeking to eliminate funding for Planned Parenthood.

The court declined to say when or how Justice Ruth Bader Ginsburg, who had surgery in New York Friday, cast her vote. Other justices are also not in Washington and they were not scheduled to meet as a group this week. In these situations, justices often vote by phone or email.

Roberts-Trump fight

The ruling emphasizes the power of Roberts, a conservative who has sparred at times with Trump, said CNN chief legal analyst Jeffrey Toobin.

"It is a more conservative court now than it was before Anthony Kennedy was replaced by Brett Kavanaugh, but Chief Justice Roberts is going to keep things moving at the customary pace of the Supreme Court, not as fast as the Trump administration wants to go," Toobin told CNN's Pamela Brown.

"On this one question in a preliminary way, he has put the brakes on a Trump administration initiative and that's an embarrassment and it's a defeat for the President," he added.

The court can still hear arguments on the merits of the asylum restrictions at a later date.

The asylum ban was at the center of an unusual fight between Roberts and President Donald Trump last month.

A district court ruled the ban "irreconcilably conflicts" with immigration law. A panel of judges on the 9th Circuit upheld the injunction in an opinion penned by Judge Jay Bybee, a George W. Bush nominee. That led Trump to criticize the San Francisco-based appeals court, which has blocked other administration policies such as the travel ban.

That led Roberts, who has made a public push to emphasize the independence of the judiciary from the political branches, to issue a rare statement.

"The 9th Circuit, we're going to have to look at that," Trump said, before adding that "every case" that goes through that circuit results in "an automatic loss" for his administration. "The 9th Circuit is very unfair."

That led Roberts, who has made a public push to emphasize the independence of the judiciary from the political branches, to issue a rare statement.

"We do not have Obama judges or Trump judges, Bush judges or Clinton judges," Roberts said. "What we have is an extraordinary group of dedicated judges doing their level best to do equal right to those appearing before them. That independent judiciary is something we should all be thankful for."

Trump fired back.

"Sorry Chief Justice John Roberts, but you do indeed have 'Obama judges,' and they have a much different point of view than the people who are charged with the safety of our country. It would be great if the 9th Circuit was indeed an 'independent judiciary,' but if it is why......" Trump tweeted.

Several minutes later, he continued, ".....are so many opposing view (on Border and Safety) cases filed there, and why are a vast number of those cases overturned. Please study the numbers, they are shocking. We need protection and security - these rulings are making our country unsafe! Very dangerous and unwise!"

Aggressive administration strategy

Solicitor General Noel Francisco asked the Supreme Court to greenlight the regulations pending appeal because he said they are "designed to channel asylum seekers to ports of entry, where their claims can be processed in an orderly manner; deter unlawful dangerous border crossings; and reduce the backlog of a meritless asylum claims."

He said that contrary to the holding of the lower court, immigration law allows the attorney general and the secretary of homeland security to exercise their discretion to deny asylum to a migrant who has entered the nation illegally.

Francisco said that even if the justices decided not to lift the injunction they should scale back a nationwide injunction imposed by the lower court.

He also argued that the challengers did not have the legal right to bring the case because they are advocacy groups and not individual aliens.

But the Justice Department's strategy of aggressively filing appeals to the Supreme Court to overturn rulings unfavorable to the President may not be in keeping with the court's modus operandi, Toobin said.

"The Supreme Court doesn't like to be rushed, and Chief Justice Roberts in particular doesn't like to be rushed," said Toobin. "The Supreme Court operates at a very different pace than the rest of us -- they like to have full hearings on the merits, they don't care if it takes a couple extra months."

Huntsville
Few Clouds
76° wxIcon
Hi: 89° Lo: 72°
Feels Like: 76°
Florence
Scattered Clouds
79° wxIcon
Hi: 90° Lo: 74°
Feels Like: 83°
Fayetteville
Clear
75° wxIcon
Hi: 90° Lo: 72°
Feels Like: 75°
Decatur
Clear
79° wxIcon
Hi: 90° Lo: 73°
Feels Like: 83°
Scottsboro
Overcast
75° wxIcon
Hi: 89° Lo: 73°
Feels Like: 75°
WAAY Radar
WAAY WAAY-TV Cam
WAAY Temperatures

Alabama Coronavirus Cases

Confirmed Cases: 48588

Reported Deaths: 1042
CountyConfirmedDeaths
Jefferson5687161
Mobile4315136
Montgomery4275109
Tuscaloosa238248
Marshall181511
Madison16208
Lee146337
Shelby141424
Morgan11575
Baldwin10399
Walker101825
Elmore97519
Dallas9189
Franklin90616
Etowah83413
DeKalb7905
Chambers64727
Autauga64312
Butler63728
Tallapoosa60669
Russell5890
Unassigned53826
Houston5366
Limestone5251
Lauderdale5146
Cullman4905
Lowndes47922
Pike4525
Colbert4426
St. Clair4402
Escambia4358
Calhoun4035
Coffee3923
Covington38110
Bullock36910
Barbour3622
Jackson3432
Talladega3337
Dale3261
Marengo32011
Hale31722
Wilcox2958
Clarke2876
Sumter28512
Winston2773
Chilton2762
Blount2581
Monroe2442
Pickens2446
Marion24114
Randolph2289
Conecuh2187
Macon2029
Choctaw19912
Bibb1981
Greene1888
Perry1791
Henry1403
Crenshaw1253
Washington1217
Lawrence1130
Cherokee1117
Geneva860
Lamar801
Fayette721
Clay692
Coosa601
Cleburne391
Out of AL00

Tennessee Coronavirus Cases

Confirmed Cases: 55986

Reported Deaths: 685
CountyConfirmedDeaths
Shelby12549208
Davidson12234132
Rutherford323437
Hamilton300736
Sumner172755
Williamson151515
Trousdale15035
Knox13929
Out of TN12307
Wilson106017
Putnam9267
Robertson87511
Bradley8744
Sevier8573
Unassigned8302
Lake6960
Tipton6625
Bledsoe6241
Montgomery6207
Bedford5898
Macon5114
Maury4063
Hamblen3974
Hardeman3744
Fayette3443
Madison3392
Loudon3021
Rhea2930
Blount2723
Dyer2703
McMinn25518
Cheatham2432
Dickson2310
Washington1970
Cumberland1934
Lawrence1926
Anderson1662
Lauderdale1643
Sullivan1592
Jefferson1481
Gibson1471
Monroe1416
Smith1362
Coffee1320
Greene1222
Hardin1197
Obion1172
Cocke1160
Haywood1082
Franklin1013
Marshall1011
Warren1000
Hickman950
Wayne900
Marion874
McNairy841
Lincoln780
Giles771
White773
Carter751
Roane710
DeKalb700
Overton671
Weakley671
Hawkins662
Grundy652
Campbell621
Claiborne590
Henderson560
Unicoi560
Carroll491
Chester480
Grainger480
Polk480
Henry470
Crockett443
Johnson440
Sequatchie420
Cannon410
Humphreys352
Perry350
Meigs340
Jackson330
Morgan291
Fentress250
Stewart250
Decatur240
Scott210
Union190
Clay180
Moore170
Houston160
Benton131
Hancock90
Lewis70
Van Buren70
Pickett60

 

 

Community Events