WEATHER AUTHORITY : Dense Fog Advisory View Alerts

Supreme Court upholds block on Trump's asylum ban

The Supreme Court on Friday upheld a federal judge's order blocking the Trump administration's new asylum re...

Posted: Dec 23, 2018 12:52 PM
Updated: Dec 23, 2018 12:52 PM

The Supreme Court on Friday upheld a federal judge's order blocking the Trump administration's new asylum restrictions.

Chief Justice John Roberts sided with the four liberal justices in the 5-4 ruling.

Donald Trump

Government and public administration

Government bodies and offices

Government organizations - US

Political Figures - US

Politics

US federal court system

US federal government

US Supreme Court

Brett Kavanaugh

Immigration

Immigration, citizenship and displacement

Injunctions

International relations and national security

Jeffrey Toobin

John Roberts (Justice)

Law and legal system

Misc people

Political asylum

Trial and procedure

White House

The administration's policy, signed on November 9, would temporarily bar migrants who illegally cross into the US through the southern border from seeking asylum outside of official ports of entry. A federal judge in California quickly blocked the order, and the 9th US Circuit Court of Appeals agreed.

"It's a major blow to the Trump administration and sends a strong signal that there are at least five justices who agree with the district court that the asylum ban exceeds the President's statutory authority," said Steve Vladeck, CNN Supreme Court analyst and professor at the University of Texas School of Law.

Justice Department spokesman Steven Stafford said the department would continue fighting the block on the ban.

"We are disappointed that the Court did not stay one of the unprecedented 25 nationwide injunctions against the Trump administration, but the Court has not yet fully considered the merits of this case," Stafford said in a statement to CNN. "We will continue to defend the Executive Branch's lawful authority over the discretionary benefit of asylum."

ACLU attorney Lee Gelernt said the ruling "will save lives and keep vulnerable families and children from persecution."

"We are pleased the court refused to allow the administration to short-circuit the usual appellate process," Gelernt said.

Justices Clarence Thomas, Samuel Alito, Neil Gorsuch and Brett Kavanaugh said they would have granted the administration's request to lift the hold on the ban. This is the first high-profile vote in which Kavanaugh broke from Roberts. Earlier this year, he and Roberts joined with liberals to rebuff efforts by states seeking to eliminate funding for Planned Parenthood.

The court declined to say when or how Justice Ruth Bader Ginsburg, who had surgery in New York Friday, cast her vote. Other justices are also not in Washington and they were not scheduled to meet as a group this week. In these situations, justices often vote by phone or email.

Roberts-Trump fight

The ruling emphasizes the power of Roberts, a conservative who has sparred at times with Trump, said CNN chief legal analyst Jeffrey Toobin.

"It is a more conservative court now than it was before Anthony Kennedy was replaced by Brett Kavanaugh, but Chief Justice Roberts is going to keep things moving at the customary pace of the Supreme Court, not as fast as the Trump administration wants to go," Toobin told CNN's Pamela Brown.

"On this one question in a preliminary way, he has put the brakes on a Trump administration initiative and that's an embarrassment and it's a defeat for the President," he added.

The court can still hear arguments on the merits of the asylum restrictions at a later date.

The asylum ban was at the center of an unusual fight between Roberts and President Donald Trump last month.

A district court ruled the ban "irreconcilably conflicts" with immigration law. A panel of judges on the 9th Circuit upheld the injunction in an opinion penned by Judge Jay Bybee, a George W. Bush nominee. That led Trump to criticize the San Francisco-based appeals court, which has blocked other administration policies such as the travel ban.

That led Roberts, who has made a public push to emphasize the independence of the judiciary from the political branches, to issue a rare statement.

"The 9th Circuit, we're going to have to look at that," Trump said, before adding that "every case" that goes through that circuit results in "an automatic loss" for his administration. "The 9th Circuit is very unfair."

That led Roberts, who has made a public push to emphasize the independence of the judiciary from the political branches, to issue a rare statement.

"We do not have Obama judges or Trump judges, Bush judges or Clinton judges," Roberts said. "What we have is an extraordinary group of dedicated judges doing their level best to do equal right to those appearing before them. That independent judiciary is something we should all be thankful for."

Trump fired back.

"Sorry Chief Justice John Roberts, but you do indeed have 'Obama judges,' and they have a much different point of view than the people who are charged with the safety of our country. It would be great if the 9th Circuit was indeed an 'independent judiciary,' but if it is why......" Trump tweeted.

Several minutes later, he continued, ".....are so many opposing view (on Border and Safety) cases filed there, and why are a vast number of those cases overturned. Please study the numbers, they are shocking. We need protection and security - these rulings are making our country unsafe! Very dangerous and unwise!"

Aggressive administration strategy

Solicitor General Noel Francisco asked the Supreme Court to greenlight the regulations pending appeal because he said they are "designed to channel asylum seekers to ports of entry, where their claims can be processed in an orderly manner; deter unlawful dangerous border crossings; and reduce the backlog of a meritless asylum claims."

He said that contrary to the holding of the lower court, immigration law allows the attorney general and the secretary of homeland security to exercise their discretion to deny asylum to a migrant who has entered the nation illegally.

Francisco said that even if the justices decided not to lift the injunction they should scale back a nationwide injunction imposed by the lower court.

He also argued that the challengers did not have the legal right to bring the case because they are advocacy groups and not individual aliens.

But the Justice Department's strategy of aggressively filing appeals to the Supreme Court to overturn rulings unfavorable to the President may not be in keeping with the court's modus operandi, Toobin said.

"The Supreme Court doesn't like to be rushed, and Chief Justice Roberts in particular doesn't like to be rushed," said Toobin. "The Supreme Court operates at a very different pace than the rest of us -- they like to have full hearings on the merits, they don't care if it takes a couple extra months."

Mississippi Coronavirus Cases

Data is updated nightly.

Cases: 515504

Reported Deaths: 10296
CountyCasesDeaths
Harrison34999558
DeSoto33360432
Hinds32743643
Jackson24906392
Rankin22565405
Lee16455245
Madison14954283
Jones14158248
Forrest13834260
Lauderdale12311323
Lowndes11357193
Lamar10693140
Pearl River9748244
Lafayette8868143
Hancock7849132
Washington7559169
Oktibbeha7229138
Monroe7068179
Pontotoc7033110
Warren6885178
Panola6791135
Neshoba6744210
Marshall6707142
Bolivar6468151
Union643598
Pike5942157
Alcorn5921107
Lincoln5540136
George510680
Prentiss508285
Tippah495683
Itawamba4884107
Scott478999
Tate4777117
Adams4776125
Leflore4749144
Copiah458195
Yazoo458092
Simpson4566117
Wayne443472
Covington434895
Sunflower4319106
Marion4295112
Coahoma4244110
Leake414191
Newton396182
Tishomingo386894
Grenada3789109
Stone366166
Jasper341266
Attala340490
Chickasaw318367
Winston318392
Clay312978
Clarke301695
Calhoun286850
Holmes272889
Smith270552
Yalobusha244947
Tallahatchie232353
Greene225149
Walthall222166
Lawrence220242
Perry214556
Amite210357
Webster206548
Noxubee188843
Montgomery182157
Carroll175441
Jefferson Davis174343
Tunica163539
Benton153139
Kemper145441
Choctaw137027
Claiborne134839
Humphreys132239
Franklin126530
Quitman107828
Wilkinson106139
Jefferson97134
Sharkey65321
Issaquena1957
Unassigned00

Alabama Coronavirus Cases

Cases: 847659

Reported Deaths: 16172
CountyCasesDeaths
Jefferson1163752005
Mobile743371381
Madison53434738
Shelby38413371
Baldwin38171589
Tuscaloosa36131643
Montgomery34571782
Lee25664264
Calhoun22622519
Morgan22527408
Etowah20059520
Marshall18821318
Houston17769426
St. Clair16946359
Limestone16192220
Cullman16140305
Elmore15948295
Lauderdale15055307
Talladega14244302
DeKalb13061271
Walker12138380
Blount10765193
Autauga10545157
Jackson10204195
Coffee9435192
Colbert9363210
Dale9038192
Tallapoosa7283202
Russell710165
Chilton7078170
Covington6967197
Escambia6962144
Franklin6364108
Chambers5795142
Marion5435130
Dallas5302210
Pike5128109
Clarke485686
Lawrence4845130
Winston4785110
Geneva4650136
Bibb435495
Barbour370180
Butler3444101
Marengo342793
Monroe338366
Randolph337767
Pickens334790
Fayette331485
Henry321066
Cherokee319964
Hale318889
Crenshaw261678
Washington256852
Cleburne255460
Lamar253555
Clay252069
Macon245767
Conecuh193562
Coosa185847
Wilcox178338
Lowndes178268
Bullock152745
Perry141840
Sumter139741
Greene130345
Choctaw94328
Out of AL00
Unassigned00
Tupelo
Cloudy
61° wxIcon
Hi: 69° Lo: 58°
Feels Like: 61°
Columbus
Cloudy
61° wxIcon
Hi: 69° Lo: 54°
Feels Like: 61°
Oxford
Cloudy
° wxIcon
Hi: 67° Lo: 58°
Feels Like: °
Starkville
Cloudy
61° wxIcon
Hi: 69° Lo: 55°
Feels Like: 61°
A few thunderstorms will likely spring up on Sunday ahead of an incoming cold front that will arrive Monday and bring widespread rain and lower temperatures.
WTVA Radar
WTVA Temperatures
WTVA Severe Weather