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Supreme Court Upholds Travel Ban 3.0

June 26, 2018

Update: In a 5-4 decision, the Supreme Court has held that the Executive Order commonly known as “Travel Ban 3.0” is a lawful exercise of the President’s discretionary authority.

Analysis: The decision, authored by Chief Justice Roberts, leaves the Travel Ban in place, finding that the ban “does not exceed any textual limit on the President’s authority” and is “squarely within the scope of Presidential authority” under the Immigration and Nationality Act.” Justice Roberts went on to say “under these circumstances, the Government has set forth a sufficient national security justification to survive rational basis review. We express no view on the soundness of the policy. We simply hold today that plaintiffs have not demonstrated a likelihood of success on the merits of their constitutional claim.” Additional analysis is available through SCOTUSBlog and the Washington Post.

Impact: As the Travel Ban was already in place pending the outcome of this decision, nothing changes in practice. Those unable to travel to the US due to the Travel Ban will continue to be barred from entry.