The 4th Circuit Court of Appeals will hear arguments to decide the fate of President Donald Trump’s second executive order on refugee and migrant entry that the White House contends is essential to the nation’s national security interests. A District Judge issued a ruling preventing the order’s enforcement back in March.
From The Daily Caller (link below):
Professor Carl Tobias of the University of Richmond School of Law says the case will likely turn on how the court chooses to frame the controversy.
“I think a lot depends on how the judges view the case,” Tobias told the Associated Press. “Is this a national security case or is this an immigration case? Or is this a religious freedom case?” Should the court evaluate the case within a national security framework, the government is more likely to prevail. Federal courts typically defer to government findings in national security controversies.
Despite what the Court rules, this may not be the final ruling.
The legal controversy surrounding the revised order is almost certain to reach the Supreme Court. Regardless of outcome, the losing party is certain to ask the high court to take up their case. Should the 4th and 9th Circuits reach different conclusions with respect to the order, the odds of Supreme Court review will increase significantly.