SCOTUS to Lower Courts on the Travel Ban: Knock It Off

Justices clearly believe the government will prevail…

Supreme Court Refuses 2 Cases that Could Strengthen Gun Rights

Photo by ThatMattWade (CC)

(Daily Caller News Foundation) The U.S. Supreme Court appears somewhat irritated with federal courts that have repeatedly barred the Trump administration from enforcing immigration policies halting the entry of certain classes of migrants and refugees.

The high court’s latest orders sent three clear signals to lower courts, all of which are positive signs for President Donald Trump.

First, the Supreme Court is quite clearly expressing its view that the government will prevail on the merits of this dispute.

The Court would not grant an application with these facts if a majority of the justices did not believe the administration will ultimately be vindicated.


As such, the orders appear to be a signal to the 4th and 9th U.S. Circuit Courts of Appeal, two venues currently adjudicating travel ban challenges — proceed prudently, and with sufficient respect for the presumption that the administration is acting in good faith.

Secondly, the Court, for the most part, spoke as an institution.

The order was forthright and terse, suggesting the Court sees little ambiguity in this case.

The sober style means to communicate decisiveness, competence and the sense that the Court is conducting its business without dramatics, unlike the rest of the government.

What’s more, just two of the seven justices registered their dissent.

Given these facts, it appears the justices are doing their best to speak as a Court and not as an amalgamation of nine separate jurists.

Third, the order instructs the 4th and 9th Circuits to “render [their] decision with appropriate dispatch.”

This language is highly unusual in a Supreme Court order.

It seems to suggest that the justices plan to take the case themselves, and dispose of it as quickly as possible.

Timing is especially relevant here. The Court’s current term ends in June, leaving just six months from this writing for briefing, argument, and deliberation.

All told, the coalition of civil rights groups and Democratic attorneys general fighting the latest iteration of Trump’s travel restrictions would seem to have trouble ahead of them.

The 9th Circuit will hear a travel ban challenge Wednesday, and the 4th Circuit will hear a second challenge Friday.

Decisions are expected before the end of the year.

Republished with permission from Daily Caller News Foundation via iCopyright license.

  • deanbob

    I wonder if the justices take into account the pressure the right is putting on their congressmen and women to take punitive measures, or even impeachment illegal motions if these disruptive court ruling are not stopped

    • Slav2012

      You may be on to something. Previous Courts have taken great pains to stay out of politics lest they damage its position. Call it what you will, but the Justices are not insulated from the social and political winds when they come sweeping.

  • Louie Rey

    Did it really take Neil Gorsuch’s appointment to The Supreme Court to knock some sense into them? This newfound position by them should have been taken when the first challenge to Trump’s travel ban was made. And we all know that the first challenge to it was by the 9th Circuit Court of Appeals out in California. A court whose decisions have been overturned an overwhelming 84% of the time.

    • Jackalyn Morrison


    • ExtremeRC

      Why is the 9th circuit allowed to continue? They make a mockery of the judicial system.

      • mtman2

        It is the Constitutional responsibilty of The House to impeach the judiciary.

        All the Founder/Framers warned of incremental creep in the federal judiciary over time to start legislating from the bench and that the complacent People and Congress would let them.

        Put serious Patriots in the House and start knocking those deepstate strong holds down.

      • Louie Rey

        They’re what passes for “justice” out in California. They’re activist jurists driven by a politically liberal agenda. They’re not to be taken seriously.

      • MacZ

        Would love to see Trump break it up. Appeals take far too long due to back logs. And they trivialize and cheapen themselves with their activism.

    • brooksmd

      I refer to them as the 9th Circus Clowns.

      • Louie Rey

        Based on how seriously they’re taken I’d say you’re spot on.

    • Mike

      The majority of the 9th circuits decisions have NOT been overturned. The majority of the 9th circuit’s cases never go to the Supreme Court and their decisions stand.

      • Louie Rey

        Check you records. I think you’re mistaken but be that as it may, the fact that The Supreme Court has now upheld the travel ban is proof enough that the lower courts have prejudicial judges running the show.

        • Mike

          The Supreme court on average only hears approximately 0.1 percent of the overall cases heard by the 9th circuit. The overwhelming majority of decisions rendered by the 9th circuit are not overturned as the Supreme Court does not even consider them as they are viewed to be making appropriate decisions based on the law. On average they are overturned at a rate of one to two additional cases per year, but of course they are the circuit court for 20 percent of the population. The right takes that one or two decisions and says they are liberal judges run amok. It is completely unsupported by the facts, but then facts are becoming foreign to Republicans.

          • Daniel Michael Lynem Sr.

            Facts have become foreign to both the Republicans and the Democrats. They both are in a fight to see who can be the most hypocritical. Who can blame the other the most. They both have digressed to acting like 3rd graders throwing rocks at each other on the playground during lunchtime. And that’s an insult to 3rd graders.

          • Maxine Albritton

            not exactly, this is not some kindergarten brawl, this is a fight to get this country back on track which effects the lives of millions of Americans. This is a serious matter when lawlessness prevails, and corruption, and the swamp that runs our government is just doing as they please this mess must be cleaned up.

          • Mike

            Unfortunately the country is being led by a toddler in President Trump so we are going in the wrong direction.

          • Daniel Michael Lynem Sr.

            A few things. One, I never said this was a kindergarten “brawl”. I said people(both sides) are acting like kids. Two, I never said this isn’t a fight, nor did I say it isn’t serious. Again, I said both sides are doing the same thing. Just look at the comments on this post. It’s mocking and name calling. And both sides are doing it. Question, give me one benefit this has on winning this fight, how does mocking and name calling going to bring the change we need. A good example is Mike’s comment to you where he calls Trump a toddler. Give me one benefit of this kind of behavior. How does this help to root out corruption and lawlessness. Conservatives and liberals both acting the same.

        • Maxine Albritton

          the buck does not stop there, the DOJ and FBI and probably the CIA is also compromised. the same way as the court with a liberal twist. This country is in the biggest mess ever.

          • Louie Rey

            Thanks to Hussein and his administration just about every single department of the federal government is the most politicized ever in the history of this country.

          • Daniel Michael Lynem Sr.

            Maxine, the Supreme Court is our last stop for court cases. Regardless of how lower Court’s rule we retain the right to appeal. Our supreme Court is the highest in the land and has the final say so. That’s what’s meant by “the buck stops there.” So far, the supreme court is the one government institution that has not been compromised and corrupted. One more thing we can be thankful for.

      • w edgar green

        The stats for all Circuit Courts can be confusing but for the cases from the 9th Circuit that ARE reviewed by SCOTUS the 9th’s reversal rate is approximately 80%. Remember many cases from the Circuits do not get reviewed by SCOTUS.

      • Busterak1

        Really Mike, Then tell us what their percentage rate is for having their cases overturned? Waiting!!

    • Basically it telling them to sit at the kiddies table.

  • ImOffendedTreatMeSpecial

    These so called judges know the President has the lawful authority to enact the ban but it will take the Supreme court to knock them down a few pegs. It’s too bad the Supreme Court can’t fire the lower court “judges” for stupidity.

    • Jackalyn Morrison

      That would be soo good if they could because these lower court judges are stupid in my opinion

      • JohnGaltTexas

        Not stupid. Arrogant, unhinged, and treasonous.

      • Slav2012

        Though I share your sentiments regarding history of their rulings, I have to disagree on this point. The people sitting on the federal bench arent stupid. Or least they were’nt when nominated by a President and confirmed by the Senate. Allowing their ideological concerns to color their interpretation of the laws passed by Congress and signed by a sitting President, that is the concern. Which is why I favor strict constitutional constructionists for SCOTUS and the District Courts of Appeal. Am willing to tolerate liberal circuit judges as a check on society so long as those judges hew to logic and precedent. Reinterpreting the Constitution over established precedent, reviewed and commented on by numerous judges before them, speaks more to vanity than intellectuallism.

        • Felipe Gomez Jr.

          No reinterpretation of our Constitution period! It is what it is! Just like the Clinton’s and Gore trying to reinterpret the 2nd Amendment! First off! All these Government officials are sworn to uphold and protect the Constitution period! When these fool’s try to change or attack it! They ate committing Treason? Get rid of them period! When they do things like what Obama has done! It’s just plain Treason! Anyone who knows and follows a fool like him is also a trader! They have to know anything against the Constitution is wrong? They just need to do their jobs. That’s it! It’s what they were elected to do! For the people by the people!

          • Felipe Gomez Jr.

            I know these Justices are picked by the President and Senate. It doesn’t matter qualifications should be the same. Yes! They are human. Humans are unpredictable and make wrong choices. There’s remedy’s for that! We can’t let rouge Justices make a decision without s majority agreement that’s according to the Constitution. Not some off the wall decision! Especially! Defying the President of the United States doing nothing wrong other than his Presidential Privelge duty’s! It’s not against the law what he is doing! He’s protecting the American People! It’s his job! It’s what the Majority elected him to do!

        • Teresa Barrett

          You’re right about that!

      • Felipe Gomez Jr.

        Dumb , dumber and

      • Arlene Peters

        They are getting their pockets “lined” by the left, and that’s all they care about.. They don’t give 2 craps about us citizens… Shame on them… They work for soros….

    • Jon McLaughlin

      Fortunately and Unfortunately they can’t. If they could be fired, we would see the “Landscape” of the courts change with every administration. That would be a bad thing. Then “NO” judges would gain seniority and knowledge enough to be fit for the Supreme Court.

      • Teresa Barrett

        Thats a good point. However, given the democrats predilection for being sexual deviants, I would bet these judges can’t be all that different! Maybe someone could poke AROUND THEIR LIVES and find a reason for them to be fired (and possibly disbarred!)

      • Slav2012

        May I address this point?

        The Founders spent a great deal of time working out the system of checks and balances. A Federal Judged can be impeached and removed from office same as the President. When that is impossible from a political standpoint, Congress has another means….defunding of a particular court. Hard to operate a Federal judiciary without money.

  • Bruce Kellar

    Just a clarification of the intentions of the Obama legacy, sedition!

  • Ben

    All I know is that one single federal judge, like the IDIOT in Hawaii, should not have the ability to stop an order. It should remain in effect until at least it goes through the circuit courts, which then should have a fast-track to the Supreme Court

    • Arlene Peters

      Exactly…the order should remain “in effect” until it is heard by the Supreme Court NOT the other way around….

  • Gregg Parker

    Stop in the name of Trump!…. before you break the law… Stop…. we now return you to your regularly scheduled lives….



    • Arlene Peters

      I agree and at the same time ask… Why don’t the “couple” just go to another bakery? They were just looking for a bakery that “would not” make that cake for them so they could “sue” over this … ovomit started all this crap about suing everyone and anyone over “everything to do about nothing”… He was and still is the biggest disgrace that our Country ever had in charge… SO GLAD HE IS FINALLY GONE…

  • Frank McGriff

    The lower court Dorks are people who Obummer threatened to do his bidding or they are in big trouble. Then after the Doofus Obunghole left, the white house. Hooray!! The Deep State headed by Buttrock Oblunder started paying the Dem judges big money to do thier bidding. They are all crooks. My sister works for one of those crappy judges. I got this “True” info from her. Pretty sad stuff. But true. Scumbag Democrats. Glad Al Franken~stein is history. Pervert. 🙂

  • bendej

    It won’t matter, especially to the 9th Circuit. The SCOTUS will have to knock down one challenge after another. Too many liberal judges throughout the judiciary who just don’t care.

    • Jon McLaughlin

      Unfortunately, for all of us, they can not be fired. They should be making their Rulings based on the Constitution of the United States, not their Political or personal feelings.

      • bendej

        That would be nice, but that approach went out the window with the Progressives and the reversal of the Schechter Poultry case and Substantive Due Process theories under the 5th and 14th amendments. Administrative deference for centralization of everything under liberal bureaucrats along with implied rights theory (make it up as we go along) are the two guiding principles for the last 80 years. If you don’t agree, we will make-up some other theory to get our way. The rule of law is not taught in law school, this garbage is.

        • Teresa Barrett

          And the left continues to ignore laws or court rendering that they disagree with. The Logan Act of 1953 make a clear argument against Islamic Sharia law, yet cases are adjudicated daily stating the Muslim filth entering this country deserve special treatment and rights. In fact, according to the Logan Act, they shouldn’t even be allowed here.

  • Felipe Gomez Jr.

    What should happen to the 2 hold outs? Is indicte them for obstruction of justice , insobordination and deraliction of duty! No more playing with these fool’s!

  • Benton Marder

    It is very likely that the Supremes have actually read the governing statutes, which the lower courts and judges have not.

  • Tony B

    There is a very big difference between deciding a case and legislating a case. No judge has authority to legislate. They all have a duty to challenge the constitutionality of a case that “warrants” challenge. Unfortunately our judicial system is plagued with a plethora of questionable precedent that causes much opportunity for mal-interpretation of the intended statute. We need a system of review and removal of faulty precedent to clean up our judicial system. MAGA

  • SA Ander

    Sounds like the higher coirt got tired of the lower court making busy work for them. Tired of the tail wagging the dog.

  • therealworld

    Both Courts should be barred from hearing cases regarding this issue.

  • dlmstl

    Yes, elections DO have consequences. NONE of this would be happening had Granny Pants won the election. That’s why the Dems remain in the throes of ‘Trump Derangement Syndrome’. Let’s hope POTUS Trump get the opportunity to name a couple more SCOTUS justices.

  • Daniel Michael Lynem Sr.

    This is the reason and purpose for the Supreme Court. Thank God we have a court system where the buck stops with them. And by the Providence of God, there’s a majority we can depend on to make decisions based on our Constitution. Bashing and name calling serves no helpful purpose. Isn’t there enough hate, already being poured out by both sides? For a change, it would be nice to read comments expressing gratitude and thankfulness for what we do have. Thankful that we have a Supreme Court that has acted responsible. Thankful that this president will, prayerfully, have more opportunities to appoint one or two more solid Judges who will follow our constitution. It’s a sad sad statement about the condition of America when every time you read comments it’s more hateful name calling and mocking and bashing the other side. It starts from the first comment, and continues to the last.


    It’s about time the Supreme Court came out and tell these judges across the country to shut their mouths on President Trump’s travel ban.

  • Saul

    These Circuit Courts should be reprimanded. Judicial Activism=Disgrace

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    Among the ‘yes’ votes on the tax bill last month, there are 17 Republicans from blue states that will be badly hurt by the bill. Further, there are 13 others who voted against Obamacare repeal back in May and might not like that a repeal of the individual mandate has been added to the tax bill since they voted for it last month.

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  • MacZ

    Even without Gorsuch. SCOTUS is indicating that the rule of law prevails in this case. They seem irritated by lower courts being partisan. Let’s hope the trend continues. Gorsuch will greatly help there.

  • Joseph111

    Ginsburg, kagan & sotomayer need to go …

  • Ken

    Where were the conservative justices stopping all the harm that O was allowed to do to the country? Much of it was not legal, ethical, or good for the country as a whole. I think many cases could have been made to impeach justices that do not follow the law or the Constitution. They are sworn to uphold both.