It’s Looking More And More Like This Federal Court Is Sabotaging The Travel Ban

As time progresses, it appears the 4th U.S. Circuit Court of Appeals is intentionally undermining President Donald Trump’s travel ban.

As The Daily Caller News Foundation noted on Jan. 6, the 4th Circuit appears to be strategically withholding its opinion on the administration’s latest round of travel sanctions, despite a Dec. 4  Supreme Court order requiring the court to produce its ruling “with appropriate dispatch.”

Such language, unusual for a Supreme Court order, indicates the justices want to review the case themselves and issue a ruling on the merits before the current term ends in June.

Time is running out, however, for the justices to take cases for disposition before the summer — late January is generally the latest the Court can take a case for resolution before the end of a particular term. Therefore, the longer the 4th Circuit strategically holds its ruling on the travel ban, the more likely it is their ruling will escape Supreme Court review for the foreseeable future, essentially blocking the policy until the justices return for their next term in October, if not later.

As of this writing, the Supreme Court will announce cases it will review on two more occasions this month. After that, historical measures suggest it is unlikely the Court will take further cases for its current term.

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