1 00:00:00,000 --> 00:00:02,800 Speaker 1: Well, now it's time for our daily Bloomberg Lobrief, exploring 2 00:00:02,920 --> 00:00:05,480 Speaker 1: legal issues in the news, and today Bloomberg lahos Stoom 3 00:00:05,480 --> 00:00:08,640 Speaker 1: Grasso and Michael Best speak with the Bloomberg News Supreme 4 00:00:08,640 --> 00:00:12,000 Speaker 1: Court reporter and Bloomberg Law co host Gregg's Store about 5 00:00:12,000 --> 00:00:15,160 Speaker 1: why the Trump administration is asking the Supreme Court to 6 00:00:15,240 --> 00:00:19,000 Speaker 1: immediately reinstate the President's travel ban, which has been blocked 7 00:00:19,040 --> 00:00:22,840 Speaker 1: by several lower courts. This travel band has been held 8 00:00:22,880 --> 00:00:25,040 Speaker 1: up by the courts, has been enjoined for a while 9 00:00:25,120 --> 00:00:29,880 Speaker 1: now months really, and the you know, the the term 10 00:00:29,960 --> 00:00:31,680 Speaker 1: of the Supreme Court for this year is almost over. 11 00:00:31,720 --> 00:00:33,800 Speaker 1: We only have a few weeks left. What is it 12 00:00:33,840 --> 00:00:37,080 Speaker 1: that this at this point the Trump administration is asking 13 00:00:37,120 --> 00:00:39,760 Speaker 1: the Supreme Court to do. First of all, they're asking 14 00:00:40,200 --> 00:00:43,920 Speaker 1: the court to hear their appeal and expedite the case 15 00:00:44,040 --> 00:00:46,800 Speaker 1: so that they would be able to hear arguments right 16 00:00:46,840 --> 00:00:49,880 Speaker 1: when they come back for their next term in October. 17 00:00:50,520 --> 00:00:52,600 Speaker 1: And in addition, and this may be the most probably 18 00:00:52,640 --> 00:00:55,560 Speaker 1: is the more important thing, the administration is asking the 19 00:00:55,560 --> 00:00:58,960 Speaker 1: court to let the band take effect in the interim. 20 00:00:59,080 --> 00:01:01,880 Speaker 1: And given that this is only a ninety day ban 21 00:01:01,960 --> 00:01:05,959 Speaker 1: on people entering from these six predominantly Muslim countries, that 22 00:01:06,000 --> 00:01:09,360 Speaker 1: effectively could be the ball game. If the Court says yes, 23 00:01:09,400 --> 00:01:12,319 Speaker 1: the band can take effect for now, by the time 24 00:01:12,319 --> 00:01:15,080 Speaker 1: they get around to actually hearing the appeal, that ninety 25 00:01:15,160 --> 00:01:19,760 Speaker 1: day band will have expired. Greg. The Court normally takes 26 00:01:19,800 --> 00:01:22,840 Speaker 1: cases when there is a conflict in the circuits. Shouldn't 27 00:01:22,840 --> 00:01:25,600 Speaker 1: the Court wait to hear the Ninth Circuits decision before 28 00:01:25,600 --> 00:01:28,560 Speaker 1: acting on this? Well, the Court may want to do that, 29 00:01:28,680 --> 00:01:32,600 Speaker 1: June Um, But another reason the Court intervenes Um. You're 30 00:01:32,680 --> 00:01:35,240 Speaker 1: right that they'd like to do that when lower courts disagree. 31 00:01:35,600 --> 00:01:38,880 Speaker 1: But if a lower court has struck down a statute 32 00:01:39,000 --> 00:01:43,120 Speaker 1: or some other govern federal government policy in this case, uh, 33 00:01:43,560 --> 00:01:47,440 Speaker 1: key parts of an executive order, the Supreme Court usually 34 00:01:47,480 --> 00:01:51,520 Speaker 1: likes to be the one to to make that final decision. Uh. 35 00:01:51,800 --> 00:01:55,440 Speaker 1: So there are at least some reasons why the Court 36 00:01:55,560 --> 00:01:57,680 Speaker 1: might want to jump in even if the Ninth Circuit 37 00:01:57,760 --> 00:02:00,880 Speaker 1: comes out the same way the Fourth Circuit did. So 38 00:02:01,680 --> 00:02:03,480 Speaker 1: is this going to be another one of those cases 39 00:02:03,480 --> 00:02:06,480 Speaker 1: that comes down to Anthony Kennedy. It could well be. 40 00:02:06,600 --> 00:02:09,320 Speaker 1: There there's a key opinion from a couple of years 41 00:02:09,320 --> 00:02:12,760 Speaker 1: ago that everybody is focusing on. Uh, and it has 42 00:02:12,800 --> 00:02:18,519 Speaker 1: to do with when courts can look behind an executive 43 00:02:18,560 --> 00:02:24,360 Speaker 1: branch decision regarding immigration, and his opinion says, among other things, 44 00:02:24,400 --> 00:02:29,040 Speaker 1: that they can't do that absent a showing of bad faith. 45 00:02:29,320 --> 00:02:32,720 Speaker 1: You know what that Kennedy opinion means, and how he 46 00:02:32,760 --> 00:02:36,120 Speaker 1: interprets his own opinion may end up being a pivotal 47 00:02:36,480 --> 00:02:39,679 Speaker 1: question in the case. And that's Bloomberg New Supreme Court 48 00:02:39,760 --> 00:02:42,560 Speaker 1: reporter and Bloomberg Law co host Greg Store speaking with 49 00:02:42,600 --> 00:02:45,400 Speaker 1: Bloomberg Law host Jing Grasso and Michael Best. You can 50 00:02:45,400 --> 00:02:47,480 Speaker 1: listen to Bloomberg Law week days at one pm Wall 51 00:02:47,520 --> 00:02:51,120 Speaker 1: Street Time here on Bloomberg Radio. And that is this 52 00:02:51,160 --> 00:02:54,240 Speaker 1: morning's Bloomberg Law Brief. You can find more legal news 53 00:02:54,280 --> 00:02:58,200 Speaker 1: at Bloomberg Law dot com and Bloomberg b n A 54 00:02:58,560 --> 00:03:02,400 Speaker 1: dot com. Attorneys will find exceptional legal research and business 55 00:03:02,400 --> 00:03:05,760 Speaker 1: development tools there as well. Visit Bloomberg Law dot com 56 00:03:05,880 --> 00:03:09,200 Speaker 1: and Bloomberg b NA dot com for more information