In Trump v. Hawaii the Ninth Circuit temporarily struck down President Trump’s third travel ban. The Supreme Court has agreed to review the Ninth Circuit decision.
An opinion in this case should be issued no later than the end of June 2018. Per a Supreme Court order issued in December 2017, the third travel ban is currently in effect regardless of the Ninth Circuit ruling.
The Court has agreed to decide four issues. First, whether the case is justiciable, meaning whether the legal issues are “fit for review.” Second, whether the third travel ban exceeds the President’s authority under the Immigration and Nationality Act (INA). Third, whether the Ninth Circuit nationwide injunction was overbroad. Fourth, whether the travel ban violates the Establishment Clause.