Court Refuses to Reinstate Travel Ban, Dealing Trump Another Legal Loss
Judicial consideration of the president’s motives, lawyers for the administration said, would violate the separation of powers.
.. In its briefs and at the argument, the administration’s position evolved. As the case progressed, the administration supplemented its request for categorical vindication with a backup plea for at least a partial victory.
At most, a Justice Department brief said, “previously admitted aliens who are temporarily abroad now or who wish to travel and return to the United States in the future” should be allowed to enter the country notwithstanding the ban.
The ban should continue to apply, the brief said, to people who have never visited the United States.