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Speaker 1: Since the second week of his administration, President Donald Trump

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Speaker 1: has been fighting in the courts over his travel bands,

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Speaker 1: losing at each stage for the original and revised travel bands.

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Speaker 1: Now less than five months later, Trump's attempt to reinstate

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Speaker 1: his revised travel ban is before the highest court in

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Speaker 1: the land. Here to sort out just what the Supreme

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Speaker 1: Court is being asked to do and what it is

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Speaker 1: expected to do, is Greg Store, Bloomberg, Supreme Court reporter

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Speaker 1: and Bloomberg Law co host. So, Greg, what is the

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Speaker 1: court being asked to do? Hi, Jenna. The courts being

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Speaker 1: asked to do basically two things. So, first, the Trump

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Speaker 1: administration has has asked the court to hear uh their

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Speaker 1: appeals and with arguments schedule when the cork comes back

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Speaker 1: in October, comes back from the summer recess. And the

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Speaker 1: administration is also asking them to let the travel band

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Speaker 1: take effect in the interim, seeking to stay the lower

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Speaker 1: court rulings that have blocked the travel ban. So explained

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Speaker 1: the two main legal arguments before the court. Yeah, so

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Speaker 1: that they if they get to the mayor to the case,

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Speaker 1: that they agree to hear the case uh. The two

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Speaker 1: lower courts to appeals courts that have dealt with this issue.

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Speaker 1: Have have blocked the travel ban on two different grounds,

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Speaker 1: one of them is constitutional. The court, the Fourth Circuit

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Speaker 1: based in Richmond, Virginia, has said that the real purpose

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Speaker 1: of this band was not national security, but actually to

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Speaker 1: discriminate against Muslims, and that, the court said, is something

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Speaker 1: the president cannot do. The other appeals court, the Ninth Circuit,

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Speaker 1: based in San Francisco, said, we don't have to reach

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Speaker 1: that question, but we we read federal immigration law is

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Speaker 1: not giving him, the president, the authority to do what

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Speaker 1: he's done here without the kind of specific findings that

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Speaker 1: he did not include in the executive order. So, as

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Speaker 1: you well know, the court will be ending its term

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Speaker 1: next week. Will the justices act on this beforehand? That

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Speaker 1: is certainly the expectation. The briefing is a is all

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Speaker 1: finished now, and it's all set up for the Court

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Speaker 1: to do something on this before they leave for the

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Speaker 1: for the summer. Uh. And probably that will mean acting

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Speaker 1: on both both to stay request, which is generally an

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Speaker 1: emergency matter that you expect them to act act on quickly,

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Speaker 1: and the what's known as the certain petition, the bid

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Speaker 1: for for a review. Because the court ordered the briefing

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Speaker 1: to happen more quickly than usual on that it's all

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Speaker 1: set up for them to do something on that before

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Speaker 1: they leave. Is this bound to be a divisive fight

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Speaker 1: among the justices or might they actually agree? It's certainly

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Speaker 1: possible that it will not be a divisive fight. I mean,

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Speaker 1: you have to imagine that those underlying questions about whether

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Speaker 1: the president has power to do this, whether courts can

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Speaker 1: second guess the president's national security determinations by saying the

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Speaker 1: real motive is religious discrimination on those big issues, I'm

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Speaker 1: sure the court is divided, but there might be ways

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Speaker 1: to get around that. The stay applications, UH don't necessarily

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Speaker 1: force the court to to grab with those issues on

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Speaker 1: the merits, and UH, there might be And because of

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Speaker 1: the temporary nature of this band, there is the potential

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Speaker 1: the whole case at some point could basically go away

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Speaker 1: without the Court having the rule on it. So there's

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Speaker 1: at least the possibility the court could uh sort of

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Speaker 1: navigate the street and find a way to deal with

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Speaker 1: this case without uh you necessarily dividing along ideological lines.

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Speaker 1: Explain the different scenarios and how will what scenario will

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Speaker 1: know which justices voted which way. Well, the justices uh

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Speaker 1: don't necessarily have to say that they're dissenting from anything.

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Speaker 1: So if, for example, the court votes five to four

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Speaker 1: on the stay applications, and then the four dissenting justices

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Speaker 1: decide we want to make that public, then we wouldn't

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Speaker 1: know it's five to four, and we would be able

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Speaker 1: to figure out which justices are on which side. But

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Speaker 1: it's also possible that, say, only a couple of justices

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Speaker 1: would publicly say that they are dissenting. And that's the case,

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Speaker 1: we may not know the entire breakdown of the court.

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Speaker 1: We may only know that there are two justices who

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Speaker 1: chose to go public with their descent. And it's also

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Speaker 1: possible that uh nobody will know to public descent and

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Speaker 1: we won't actually know what the vote was in private.

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Speaker 1: How often do justices make a public descent, Well, generally

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Speaker 1: not and and and they're especially unlikely to do it

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Speaker 1: if say they were to agree the gree to hear

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Speaker 1: the appeal, you never see anybody dissenting from that with

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Speaker 1: a stay application or UH an order that says we're

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Speaker 1: not going to hear the appeal. Generally, they don't uh

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Speaker 1: say anything. They don't know dissent. But it happens, uh,

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Speaker 1: you know, fairly frequently, and in a big case like this,

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Speaker 1: it is certainly possible. So are all you Supreme Court

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Speaker 1: reporters gathered together in the offices and afraid to leave

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Speaker 1: because something may come down or will they give you notice? No,

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Speaker 1: that's that That's pretty much exactly what we're doing here.

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Speaker 1: You know. We we check with the people in the

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Speaker 1: Public Information Office before we have to go to the

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Speaker 1: restroom to make sure our order is not coming in

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Speaker 1: the next thirty seconds. Um, yeah, we're really We're at

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Speaker 1: the point the Court could act at anytime. They could

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Speaker 1: act today, they could wait until next week, and probably uh,

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Speaker 1: you know, when it happens is going to be a

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Speaker 1: function of whether they This is something where people have

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Speaker 1: written big, big decisions, either dissenting or agreeing with how

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Speaker 1: the Court handled the case. So what's left for the

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Speaker 1: rest of the term. Well, that, I mean, we've just

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Speaker 1: been talking about the biggest thing that that people are

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Speaker 1: waiting for. But there are some interesting cases. There's an

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Speaker 1: important church state case that involves uh playground funding for

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Speaker 1: playground surfaces in Missouri. The questions whether Missouri violated the

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Speaker 1: Constitution by saying we categorically exclude churches from this program

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Speaker 1: of funding. Playground surfaces. There's a case involving this very

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Speaker 1: interesting case involving across border shooting where a Mexican teenager

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Speaker 1: was shot shot from across the U. S. Border by

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Speaker 1: the US Border Patrol agent. The parents are trying to

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Speaker 1: sue the agent here in UH here in the U. S. Court. UM,

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Speaker 1: it's possible, certainly with the border shooting case, that the

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Speaker 1: court won't actually decide that case. It was it was

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Speaker 1: arguing before Neil Grocer's to join the court, so it

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Speaker 1: could be that they have to reargue it next turn term.

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Speaker 1: Uh with Neil Grocer's casting, what could be the deciding

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Speaker 1: vote in that case. So basically it's it's the cases

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Speaker 1: that we're interested in that they wait till the last

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Speaker 1: minute on every year. It does tend to be that way.

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Speaker 1: You know, we don't have the blockbusters, we don't have

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Speaker 1: the healthcare of the game marriage like we've had in

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Speaker 1: previous years. But yes, it does tend to be the

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Speaker 1: one that they're having the most difficulty deciding. Uh. That

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Speaker 1: could end up being the ones they decide to decide

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Speaker 1: during the last week. Well, we know we'll hear from

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Speaker 1: you first as soon as it happens. That's Bloomberg, Supreme

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Speaker 1: Court reporter and my co host, Greg's store