Commentary and analysis about the Supreme Court's decision to modify the stay of the travel ban continues. In particular, commentators debate whether the decision was a good result for the Trump Administration, and they wonder how the limits articulated by the Supreme Court will be enforced. And the end of the Supreme Court's term also gave rise to several other decisions that have generated commentary, especially Hernandez v. Mesa and Pavan v. Smith.
Unlocking the Mysteries of the Supreme Court’s Entry Ban Case
Many close observers of the Court are still scratching their heads, trying to figure out just exactly what the Court did yesterday in Trump v. IRAP–and why. With the luxury of a few hours to ponder the mysteries, here are some tentative speculations on the most commonly posed questions.
Lower Courts: Don’t Try This at Home
The Supreme Court’s travel ban order deviates sharply from well-established standards for the granting of a stay. For better or for worse, the spirit of compromise trumped the letter of the law.