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.
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