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WVU expert: Trump Administration gets partial victory from U.S. Supreme Court ruling

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The Donald J. Trump Administration got a partial victory Monday from a narrowly crafted U. S. Supreme Court ruling that focuses on the question of “balance of hardships” between the government and foreign nationals affected by the travel ban, according to a West Virginia University legal expert. The ruling stays the Fourth and Ninth Circuit injunctions against enforcement of the key provisions of the second “travel ban” executive order.

John Taylor
Jackson Kelly Professor
WVU College of Law
304.293.8180 (office)
304.376.3539 (cell)


“Until the Court decides the merits, the executive branch will be able to enforce the travel ban against foreign individuals with no prior connections to the United States, but not against those who “have a credible claim of a bona fide relationship with a person or entity in the United States. It concludes that in matters of national security the government’s interest is great, while foreign nationals with no prior connections to the U.S. have few if any “legally relevant” hardships because they have no constitutional rights of entry to the U.S.  It may be significant that the Court showed little inclination to second-guess the government’s claimed interest in national security even though leaked documents provide plenty of reason to doubt that the travel ban furthers national security interests.”


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