Latest in Fourth Circuit
Acting against the backdrop of the Supreme Court’s grant of certiorari in Hawaii’s challenge to the third iteration of President Trump’s travel ban (EO-3), the Fourth Circuit on Thursday by a vote of 9-4 affirmed the injunction in the other travel ban challenge, International Refugee Assistance Project v. Trump.
Acting against the backdrop of the Supreme Court’s grant of certiorari in Hawaii’s challenge to the third iteration of President Trump’s travel ban (EO-3), the Fourth Circuit on Thursday by a vote of 9-4 affirmed the injunction in the other travel ban challenge, International Refugee Assistance Project v. Trump.
On Monday, the Supreme Court’s tumultuous 2016 term is scheduled to draw to an end. But will it? All of the briefing in the travel ban litigation has been filed, and the cases are ready for the Court’s ruling. There are (at least) six possible options for resolving this matter.
1. Hold a Special Session in July
This is the final part of a five-part series on the Fourth Circuit’s recent en banc decision in IRAP v. Trump. Part I analyzed how the court considered pre- and post-inauguration statements. Part II analyzed how the court marshals the Supreme Court’s precedents concerning standing, reviewability of immigration decisions, and the Establishment Clause. In Part III, I analyzed the concurring opinions of Judges Keenan, Thacker, and Wynn.
Reading the Fourth Circuit’s en banc opinion in International Refugee Assistance Project v. Trump, one would think the court’s analysis amounts to routine application of well-settled precedent. But a close examination reveals the decision to be anything but.
Yesterday, in a highly anticipated 10-3 decision in International Refugee Assistance Program v. Trump, the U.S.
Yesterday, thirteen judges of the Fourth Circuit sitting en banc heard argument in IRAP v. Trump. Acting Solicitor General Jeffrey Wall handled with aplomb an hour of blistering questions from about seven or eight judges on the red-hot panel. Omar Jadwat, arguing for the ACLU, also faced an hour of questions, though only two or three judges seemed to challenge his position.
Reading the tea-leaves of appellate argument can be tricky, but skepticism about the legality of President Trump’s revised Executive Order (EO) was a prominent strand in Monday’s Fourth Circuit en banc argument on whether to affirm a Maryland district court’s injunction halting the EO. Of the thirteen judges at the hearing in International Refugee Assistance Project v.