Trump’s Travel Ban Goes To Supreme Court Next – What Could Happen? (VIDEO)

It’s official: another US District Court rejected President Donald Trump’s reviled travel ban. The 4th Circuit judges focused on Trump’s campaign remarks about Muslims and the administration’s flimsy national security excuses. They majority opinion said that language of the ban “drips with religious intolerance, animus and discrimination,” and likely violated the Establishment Clause of the Constitution:

“The evidence in the record, viewed from the standpoint of the reasonable observer, creates a compelling case that the (Executive Order’s) primary purpose is religious. Then-candidate Trump’s campaign statements reveal that on numerous occasions, he expressed anti-Muslim sentiment, as well as his intent, if elected, to ban Muslims from the United States.”

Another wholesale defeat for the Trump travel ban. But you know the fight is not over.

Next step, the Supreme Court of the United States. And the little details of the order, and the law, will enter into the equation. More importantly, however, is the judicial philosophy that the judges take.

The power of the judicial branch is to interpret the law, and there is no higher interpreters in the land than the Supreme Court. Will they consider Trump’s campaign statements in their decision? The lower circuits have, but the Supreme Court does not have to if they don’t think it it is judicially necessary. Ineffective to this point is the executive power argument, but it is something that SCOTUS will have to look at again. As to whether the ban is justified by national security concerns, a dissenting judge wrote:

“Unless corrected by the Supreme Court, the majority’s new approach, which is unsupported by any Supreme Court case, will become a sword for plaintiffs to challenge facially neutral government actions, particularly those affecting regions dominated by a single religion.”

No doubt that lawyers who have already successfully challenged the ban are ready to blow big holes in that argument, but the fact remains that they’ll likely have to do one more time: in front of the most powerful Court in the land.

Until then, Trump’s ban remains shelved. Where it belongs.

Watch a summary of what’s next here:

Featured image from YouTube video.