The U.S. Supreme Court on Friday showed no signs of rushing into arguments on an injunction against President Donald Trump’s revised executive order limiting travel and refugees from certain majority-Muslim countries, as the court gave opponents of that order ten days to submit legal filings on the matter.
In an order filed without any comment, the court set a submission deadline for Monday June 12 on why the Trump travel and refugee order should not be allowed to go into effect, even as legal wrangling continues on the matter in the courts.
On Thursday night, the U.S. Justice Department formally asked the Supreme Court to allow the order to be implemented – it would cover travel and refugee admissions from six majority-Muslim countries, Syria, Iran, Sudan, Libya, Somalia and Yemen.
“This Order has been the subject of passionate political debate,” the Trump Administration acknowledged.
“But whatever one’s views, the precedent set by this case for the judiciary’s proper role in reviewing the President’s national-security and immigration authority will transcend this debate, this Order, and this constitutional moment,” the Justice Department argued.
The Trump Administration did not ask for immediate oral arguments on the matter – instead, if the Supreme Court decides to go forward on the case, action is more likely in the fall, after the justices begin their new term in October.
This has added an interesting timing twist in the case, as if the Supreme Court decides to hear arguments – and allows the travel order to go into effect – the 90 day time limits in the executive order could theoretically expire before arguments are even heard, and the case might be moot at that point.
Both sides are also still waiting for a ruling from the Ninth Circuit Court of Appeals on a different challenge from the state of Hawaii.