Nolan writes in The Hill:
“The six travel-ban countries will be subject to the new ban if their governments refuse to cooperate with the new vetting system, or they will not be subject to it if their governments agree to cooperate. In either case, they will no longer be subject to the 90-day travel ban. This will moot the travel ban issues before the court reconvenes to hear arguments on the merits of the case.
The new ban
The original travel ban order was hastily issued one week after Trump’s inauguration without an interagency review. The new one will be based on a worldwide review and interagency input.
According to DHS Secretary John Kelley, in addition to the six countries on the travel ban list, 13 or 14 other countries also have very questionable vetting procedures and not all of them are predominantly Muslim countries.
This ban will depend entirely on a country’s willingness to cooperate with the new vetting system, and it will not apply categorically to every alien from a country with an uncooperative government. It only will apply to appropriate categories of aliens from those countries.
Therefore, it should be easier to defend if it is challenged in court.”
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Go over to The Hill to read Nolan’s complete article.
I agree with Nolan that the temporary Travel Ban is likely to become moot. I think this is actually the result that the six Justices who went along with the Court’s “per curium” opinion would prefer.
I also agree with him that a type of “customized” Travel Ban flowing directly from the results of the Executive study should be easier for the Government to defend.
PWS
06-28-17
We hope the “travel ban” gets mooted out and for better vetting. But unfortunately, Trump’s DOJ cannot win nicely. Excluding Grandma from family members going to Disney World? Family reunion?
Reads like Trump’s speechwriter Steve Miller (a/k/a Goebbels’ evil twin), who wrote Travel Ban 1.0 EO in January, just wrote that new protected family list that doesn’t include Grandma.
That narrow family interpretation is patently inconsistent with the Supremes decision protecting all travelers with a “bona fide relationship with a person or entity in the United States.”
Grandma Got Run Over by a Trumpdeer! I see successful District Court litigation right away, before anything gets mooted. The Supremes worked hard for this partial Trump win, and Trump can’t do his part gracefully.
Why is Trump so unpopular?
1. He is doing things most Americans don’t want.
2. He is doing them badly. Carelessly. Doesn’t care.
3. He lies all the time, about everything. Doesn’t care either.
4. He is rude, erratic and short tempered. Like Biff from “Back to the Future” and Richie Rich from the Archie comic books.
5. All of the above.
Don’t Count on Travel Ban 2.0 being mooted out if Grandma can’t meet Mickey Mouse!
Yeah, Gus, I have to agree! I gave the “Confederacy of Clowns” 🤡 far too much credit. Plenty of US Judges are grandparents and their not going to like hearing that “they’re not part of the family.”
I think there’s a pretty good chance at least this part will be enjoined before it goes into effect at 8 PM.
PWS
06-29-17