The Supreme Court could rule within days on whether to lift a temporary stay on President Trump’s revised executive order banning travel from six mostly Muslim countries.
The issue has become a major test of presidential power, especially in the area of immigration. At issue is whether the ban violates the Religion Clauses of the First Amendment, the Due Process Clause of the Fifth and 14th Amendments, and the ban on nationality discrimination in the issuance of immigrant visas contained in a 65-year-old congressional law.
The Justice Department filed the ruling request with the justices late Thursday, also asking that the federal policy be enforced while the larger issues are litigated.
A federal appeals court in Virginia last month ruled against Executive Order 13769, “Protecting the Nation from Foreign Terrorist Entry into the United States.” A majority of the 4th Circuit appeals court cited then-candidate Trump’s campaign statements proposing a ban “preventing Muslim immigration.”
Originally published by Fox News.