Trump's travel ban is back in court
When President Trump issued the third version of his travel ban in late September, the Supreme Court canceled oral arguments for two challenges to the policy's second iteration. But this week the ban is back in court as a federal judge in Maryland has held hearings to determine whether the new ban codifies religious discrimination against Muslims, as well as whether it exceeds Trump's executive authority to regulate immigration.
At the hearing Monday, U.S. District Judge Theodore Chuang pressed the Justice Department attorney defending the ban about the contents of the classified report that informs the new rule. "How is this different than Korematsu?" Chuang asked, referring to inaccurate information presented by the federal government to the Supreme Court in 1944's Korematsu v. United States, in which SCOTUS approved the internment of Japanese Americans during World War II.
Chuang has yet to issue a ruling. The new ban is scheduled to take effect Wednesday, Oct. 18, which gives him a tight deadline to decide whether to suspend Trump's order.
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Bonnie Kristian was a deputy editor and acting editor-in-chief of TheWeek.com. She is a columnist at Christianity Today and author of Untrustworthy: The Knowledge Crisis Breaking Our Brains, Polluting Our Politics, and Corrupting Christian Community (forthcoming 2022) and A Flexible Faith: Rethinking What It Means to Follow Jesus Today (2018). Her writing has also appeared at Time Magazine, CNN, USA Today, Newsweek, the Los Angeles Times, and The American Conservative, among other outlets.
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