Emergency applications seek to override lower court rulings that immigration measures are discriminatory and violate the US constitution

Donald Trump’s administration has asked the US supreme court to allow his ban on travelers from six Muslim-majority nations to come into effect after it was blocked by lower courts that deemed it discriminatory.



The administration filed two emergency applications with the nine justices seeking to block two different lower court rulings that went against Trump’s 6 March order barring entry for people from Iran, Libya, Somalia, Sudan, Syria and Yemen for 90 days while the US government implements stricter visa screening.

On May 25 the 4th US circuit court of appeals in Richmond, Virginia upheld a Maryland judge’s ruling blocking the order. The administration also filed a separate appeal in that case.

“We have asked the supreme court to hear this important case and are confident that President Trump’s executive order is well within his lawful authority to keep the nation safe and protect our communities from terrorism,” said justice department spokeswoman Sarah Isgur Flores.

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At least five votes are needed on the nine-justice court in order to grant a stay. The court has a 5-4 conservative majority including Justice Anthony Kennedy, who is the frequent swing vote but sometimes sides with the court’s four liberals. Another of the court’s conservatives, Neil Gorsuch, was appointed by Trump this year.

If the government’s request is granted the ban would go into effect.

In its 10-3 ruling the US 4th circuit court of appeals said challengers of the ban, including refugee groups and others represented by the American Civil Liberties Union, were likely to succeed on their claim that the order violated the US constitution’s bar against favoring or discriminating against a particular religion.

The March ban was Trump’s second effort to implement travel restrictions on people from several Muslim-majority countries through an executive order. The first, issued on 27 January, led to chaos and protests at airports and in major US cities before it was blocked in the courts.

The second order was intended to overcome the legal issues posed by the original ban, but it was blocked by judges before it could go into effect on 16 March.