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Speaker 1: The Trump administration filed papers last night asking the United

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Speaker 1: States Supreme Court to reinstate the president's executive order banning

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Speaker 1: travel from seven predominantly Muslim countries. The government is appealing

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Speaker 1: attend to three on bank decision by the Fourth Circuit

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Speaker 1: Court of Appeals. The Fourth Circuit in Virginia held that

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Speaker 1: the ban was had unconstitutionally discriminates on the basis of religion.

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Speaker 1: Here with us to talk about the president. The presidential

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Speaker 1: administration's petition to the court is Greg store Our Bloomberg

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Speaker 1: Lack co host and also Bloomberg News is Supreme Court

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Speaker 1: reporter Greg Uh. The this travel ban has been held

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Speaker 1: up by the courts, has been enjoined for a while

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Speaker 1: now months really and um, the you know, the the

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Speaker 1: term of the Supreme Court for this year is almost over.

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Speaker 1: We only have a few weeks left. What is it

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Speaker 1: that this that at this point the Trump administration is

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Speaker 1: asking the Supreme Court to do Hi, Mike and high

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Speaker 1: June Um well too, thanks, Mike. Uh. First of all,

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Speaker 1: they're asking the court to hear their appeal and expedite

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Speaker 1: the case so that they would be able to hear

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Speaker 1: arguments right when they come back for their next term

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Speaker 1: in October. And in addition, and this may be the

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Speaker 1: most probably is the more important thing. The administration is

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Speaker 1: asking the Court to let the band take effect in

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Speaker 1: the interim. And given that this is only a ninety

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Speaker 1: day ban on people entering from the six predominantly Muslim countries,

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Speaker 1: that effectively could be the ball game. If the Court

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Speaker 1: says yes, the band can take effect for now, by

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Speaker 1: the time they get around to actually hearing the appeal,

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Speaker 1: that ninety day band will have expired. Greg. The Court

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Speaker 1: normally takes cases when there is a conflict in the circuits.

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Speaker 1: Shouldn't the Court wait to hear the Ninth Circuits decision

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Speaker 1: before acting on this, Well, the Court may want to

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Speaker 1: do that June Um. But another reason the Court intervenes, Um.

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Speaker 1: You're right that they'd like to do that when lower

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Speaker 1: courts disagree. But if a lower court has struck down

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Speaker 1: a statute or some other govern federal MNT policy in

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Speaker 1: this case, uh key parts of an executive order, the

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Speaker 1: Supreme Court usually likes to be the one to make

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Speaker 1: that final decision. Uh. So there are at least some

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Speaker 1: reasons why the Court might want to jump in, even

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Speaker 1: at the Ninth Circuit comes out the same way that

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Speaker 1: the Fourth Circuit did. So once again, a lot of

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Speaker 1: people think that this is going, As with so many things,

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Speaker 1: it's going to come down to You've got the conservatives

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Speaker 1: on one side. In this case, people expect the president's side,

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Speaker 1: and you'll have the liberals on the other side that

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Speaker 1: is upholding the injunction. People expect anyway. I mean, you

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Speaker 1: never can tell. But is this going to be another

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Speaker 1: one of those cases that comes down to Anthony Kennedy.

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Speaker 1: It could well be. There. There's a key opinion from

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Speaker 1: a couple of years ago that everybody is focusing on, uh,

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Speaker 1: and it has to do with when courts can look

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Speaker 1: behind an executive branch decision regarding immigration, and his opinion says,

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Speaker 1: among other things, that they can't do that absent a

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Speaker 1: showing of bad faith. In other words, absent a showing

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Speaker 1: that the professed reason that the administration gave is not

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Speaker 1: the real reason. And in this case, the argument, of course,

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Speaker 1: is that the real reason for the travel ban is

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Speaker 1: not national security, but because of anti Muslim animus. That's

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Speaker 1: what the lower court said. And so, uh, you know

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Speaker 1: what that Kennedy opinion means and how he interprets his

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Speaker 1: own opinion may end up being a pivotal question in

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Speaker 1: the case. Greg, how much will this case tell us

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Speaker 1: about how this court will handle this controversial president. Well,

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Speaker 1: it will be our first indication, so in that sense,

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Speaker 1: it will be Um, uh, it will be fascinating. I

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Speaker 1: can't wait to see how it comes out. Uh the um,

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Speaker 1: you know, you don't want you don't want to generalize

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Speaker 1: too much from a from a single case. Uh. You know,

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Speaker 1: one possibility for this court, and that this could be telling,

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Speaker 1: is that the court might try to find a way

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Speaker 1: to uh more or less duck this this issue. Um,

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Speaker 1: they don't have to actually, as I said, agree to

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Speaker 1: take up the case. One Uh you know a little

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Speaker 1: little quirk in the in the case, there were two

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Speaker 1: lower court orders that blocked the travel ban, and one

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Speaker 1: of them stop the administration from doing a study of

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Speaker 1: these six countries to figure out, you know, what's really

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Speaker 1: going on with people coming in and that was kind

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Speaker 1: of the rationale behind the travel ban in the first place. Um.

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Speaker 1: Right now the administration says we can't even do that study.

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Speaker 1: And you know, one possibility of the court wanted to

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Speaker 1: as they could uh sort of finesse it and issue

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Speaker 1: in order that let that study happen, but didn't let

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Speaker 1: the administration actually blocked people from entering the country. Greg,

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Speaker 1: we only have about thirty seconds, But are you know

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Speaker 1: the other side's gotta be allowed to file papers. How

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Speaker 1: quickly can we expect the court to act on the

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Speaker 1: administration's request here? Certainly on the on the stay application.

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Speaker 1: I would anticipate in a matter of a few weeks

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Speaker 1: before they leave for the for the summer at the

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Speaker 1: end of June. UH. And they made well, this is

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Speaker 1: what the administration is act asking they may well act

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Speaker 1: on the bid for the certain petition that the actual

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Speaker 1: bid for hearing UH. That probably will happen within the

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Speaker 1: next three or four weeks. Greg's store Bloomberg's Supreme Court

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Speaker 1: reporter and a co host of Bloomberg Law. Greg, thanks

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Speaker 1: very much for being here as a guest today. We

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Speaker 1: really appreciated your insight into, UH, into the what's going

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Speaker 1: to happen at the court on the travel band