The Department of Justice filed a motion with the Supreme Court Friday night asking for clarification on its June ruling that allowed the federal government’s travel ban go into partial effect after a Hawaii federal judge ruled on Thursday against it.
U.S. District Court Judge Derrick Watson ruled Thursday that President Trump’s revised travel ban executive order cannot “exclude grandparents, grandchildren, brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews, and cousins of persons in the United States.”
This decision does not halt the travel ban, but the Justice Department still believes Watson is trying to “micromanage” the Trump administration.
“By this decision, the district court has improperly substituted its policy preferences for the national security judgments of the executive branch in a time of grave threats, defying both the lawful prerogatives of the executive branch and the directive of the Supreme Court,” Attorney General Jeff Sessions said Friday.
By filing a motion with the Supreme Court, the Justice Department is asking the court to clarify its June 26 motion allowing the executive order to go into effect.
Should the Supreme Court deflect back down to the U.S. Court of Appeals for the 9th Circuit, the Justice Department has an option to petition for certiorari before judgment, known as Supreme Court Rule 11.
This petition is when the Supreme Court is asked immediately to review the decision of a U.S. District Court — in this case, Watson’s decision — without an appeal having been decided by a U.S. Court of Appeals — in this case, the 9th Circuit.
