The Supreme Court on Friday agreed to hear a case challenging the Trump administration’s third and current version of the travel ban, which restricts entry to the United States for individuals from eight countries, six of which are majority Muslim. The challenge was brought by the state of Hawaii, which has been able to establish standing in the case by asserting injuries to the ability of its state public universities to recruit international students and faculty.
The Ninth Circuit Court of Appeals ruled last month that the president had exceeded his authority in issuing the travel restrictions and that the indefinite suspension of entry for nationals of certain countries “conflicts with” the Immigration and Nationality Act’s prohibition on nationality-based discrimination. The court did not take up the state’s arguments that the travel restrictions violate the Establishment Clause of the Constitution, which bars the government from favoring or disfavoring any religion.
The Supreme Court has allowed the travel restrictions to take effect pending the resolution of the case.