- Update: Administration’s Possible Next Steps on the Travel Ban
- March 14, 2017
- Law Firm: Mintz Levin Cohn Ferris Glovsky Popeo P.C. - Boston Office
- After losing the emergency motion to stay the District Court’s Temporary Restraining Order (the “TRO”) halting the implementation of major portions of President Trump’s January 27th Executive Order, the administration has conveyed that it could pursue any or all of the following options:
1. Issue a new executive order that could have a better chance of surviving judicial scrutiny
- During a flight last Friday, when questioned on whether he might issue a new executive order, President Trump said, “it very well could be,” and that the new order may be issued on Tuesday (February 14th);
- Immediately following this decision denying an emergency stay of the TRO, President Trump stated his intention to appeal. An appeal to this decision could be filed either to the 9th Circuit Court of Appeals en banc or directly to the U.S. Supreme Court. Meanwhile, related litigation continues in other states.
- The District Court decision in Washington State and others around the country may continue to be litigated on the merits. The administration may then appeal those decisions.