DOJ to Appeal 4th Cir Decision on Executive Order 13780 to SCOTUS

On May 25, 2017, the full United States Court of Appeals for the Fourth Circuit upheld a district court-issued injunction against section 2(c) President Donald Trump's Executive Order 13780. Notably, the decision blocks enforcement of the provision of the Executive Order that imposed a 90-day suspension of entry on the nationals of six countries. Please see our full article to learn about the provisions affected by the Fourth Circuit decision [see article].

Furthermore, there is a pending appeal in the United States Court of Appeals for the Ninth Circuit regarding a separate district court injunction against Executive Order 13780. That injunction is broader than the one upheld by the Fourth Circuit, also affecting provisions of the Executive Order touching upon refugees.

On May 25, 2017, United States Attorney General Jeff Sessions announced that the Department of Justice would appeal the adverse Fourth Circuit decision to the Supreme Court of the United States [link]. Given the broad implications of the Executive Order and differing district court decisions, it seems likely that the Supreme Court will agree to hear the case.

I previously addressed issues with regard to the first and second versions of President Trump's Travel Executive Order, and I generally support its aims [see blog] and legality [see blog]. I look forward to writing more about the litigation on Executive Order 13780 — including the Fourth Circuit decision and potential Ninth Circuit decision — as the litigation moves forward.