On April 24, 2017, Olivia Beavers of The Hill reported that the United States Court of Appeals for the Ninth Circuit granted C-SPAN permission to broadcast live coverage of arguments in Hawaii v. Trump, No. 17-15589.1 This promises to make the oral arguments, which will take place on May 15, more accessible to the general public. In Hawaii v. Trump, the Ninth Circuit will hear the Trump Administration's appeal from a District Court decision to block enforcement of key portions of President Trump's Executive Order 13780 titled “Protecting the Nation From Foreign Terrorist Entry Into the United States” [PDF version].
We have written about the blocked portions of President Trump's Executive Order 13780 on site [see entry restrictions; and refugees]. Furthermore, please see our articles about portions of the Travel Order pertaining to the Interview Waiver Program [see article] and changes to vetting and reporting going forward [see article] that have taken effect.
In an article discussing the first version of the Travel Order issued by President Trump in January, I explained why the Executive Order is both lawful and generally good policy [see blog]. I strongly disagree with the Hawaii District Court decision, and I hope that the Ninth Circuit takes the opportunity presented in Hawaii v. Trump to rectify the error of the District Court as well as to clarify some of the troubling points of its own decision regarding the first version of the Travel Order [see article]. I look forward to writing more on the issue as the litigation goes forward.