Hawaii v. Trump

Latest in Hawaii v. Trump

Executive Power

Hawaii District Court Grants in Part Motion to Modify Scope of Preliminary Injunction in Travel Ban Case

The U.S. District Court for the District of Hawaii has granted in part the plaintiffs' motion to enforce, or, in the alternative, modify the scope of the preliminary injunction in the travel ban case. The motion came before the court in response to the Trump administration's narrow interpretation of the Supreme Court's per curiam order allowing implementation of the ban.

The order is available in full below.

Travel Ban

Hawaii Judge Watson Declines to Clarify Scope of Preliminary Injunction on Executive Order 13,780

Late last night, Judge Derrick Watson of the U.S. District Court for the District of Hawaii denied Hawaii’s motion for clarification of the scope of the court’s preliminary injunction in the challenge to President Trump’s revised refugee Executive Order (EO).

Executive Power

Hawaii Files Emergency Motion to Clarify Scope of Preliminary Injunction in Travel Ban Case

The State of Hawaii has filed an emergency motion to clarify the scope of the preliminary injunction against the Trump administration's travel ban, which was stayed in part by the Supreme Court. At issue are the government's guidelines for implementing the components of the ban against which the injunction has been stayed, which Hawaii contends are inconsistent with the scope of the Court's ruling. The ban is set to go into effect at 8pm Eastern time tonight.

The motion is available in full below.

Refugees

Ninth Circuit Affirms in Part Preliminary Injunction Against Travel Ban in Hawaii v. Trump

The U.S. Court of Appeals of the Ninth Circuit has affirmed in part a preliminary injunction against the Trump administration's revised travel ban issued by a federal district court in Hawaii v. Trump. The circuit court vacated the portions of the injunction that prevent the government from conducting internal reviews and that run against the President personally, but otherwise upheld the district court's ruling. The opinion is available in full below.

Donald Trump

Hawaii v. Trump: What Would an “Objective Observer” Think of President Trump’s Travel Ban?

In arguments before the Fourth Circuit last week and the Ninth Circuit yesterday, a new phase of the litigation opened up on President Trump's travel ban. The government’s arguments have become sharper, the judges have become more informed, and the weaknesses of the challengers’ case have been laid bare.

Donald Trump

The Ninth Circuit and the Refugee EO: Back to the Statute?

The Ninth Circuit’s argument yesterday on President Trump’s revised Refugee EO in Hawaii v. Trump took a novel turn: Judges Gould, Hawkins, and Paez focused on what the Immigration and Nationality Act (INA) actually says. Hearing the government’s appeal of a Hawaii district court’s preliminary injunction against the EO, the panel was thoughtful and discerning on both the INA and the Establishment Clause. Unfortunately, the parties’ positions were each too extreme to provide the court with optimal guidance.

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