Just to clear up a few misconceptions...
The various forms of the travel ban / restrictions have gone through numerous federal circuit courts and appellate courts. Some were liberal in nature, others not so much (more Republican-appointed judges than Democrat-appointed judges). I've actually listened to the oral arguments and read the briefs and decisions here. At no point has a single judge been able to stop the ban...by the time it has reached SCOTUS, it's gone through at least the initial judge as well as 2 other courts, usually with 3 judge panels. So at a minimum, at least 5 judges have ruled in favor of an injunction before SCOTUS addresses it at all.
In most cases, a temporary injunction has been ordered either in full or in part.
There's no such thing as judge-shopping. You file a case in a given jurisdiction, and whoever gets the case, gets it. There are some circuit courts perceived as more liberal than others, but even the ones with the most Democratically-appointed judges has a 65%/35% breakdown. The Hawaii district court has 1 less Republican-appointed judge than Democrat-appointed one (and will be split 50/50 once their 1 vacancy is filled by Trump...which he only nominated somebody in late Dec. 2017).
SCOTUS has not heard the merits of the case. As such, they have not made a ruling on the legality of it. They only made a ruling about the temporary injunctions. Historically, SCOTUS defers immigration issues to the POTUS.
SCOTUS will hear arguments on the actual case starting next month.
As for the merits of the case, the issue isn't so much about any rights to visa applicants abroad. The issue is what is the extent of power that the POTUS can use to restrict a class of aliens, based on the 1952 law (INA 212(f)). The primary counterarguments are that 1) the POTUS extended the scope of the 1952 law, and 2) the 1965 amendment to the law prohibits discrimination based on (among other things) nationality.
missileman,
Thank you, this article is clear but very sad for me. What should a law abiding, tax paying citizen do to live his/her life the right way?!!
Based on this article and other information, even if I get married to my fiance, she would still not get a visa. right?
Geoman got a reaction from Coco8 in Travel Ban, is it renewed?