The U.S. Supreme Court’s conservative majority appeared poised to hand President Donald Trump a huge legal victory, signaling on Wednesday it was likely to uphold his contentious travel ban targeting several Muslim-majority countries.
Trump has said the ban is needed to protect the United States from attacks by Islamic militants.
The challengers, led by the state of Hawaii, have argued the policy was motivated by Trump’s enmity toward Muslims. Lower courts have ruled against each of the three versions put forward by Trump of the travel ban, concluding they violated federal immigration law and the U.S. Constitution’s prohibition on the government favoring one religion over another.
But with five conservatives on the nine-member Supreme Court, Trump seemed likely to be on the winning side when the justices issue their ruling by the end of June.
Some of the four liberal justices expressed sympathy toward Hawaii’s arguments, although it appeared possible at least one might eventually side with Trump.
The current version, announced in September, prohibits entry into the United States of most people from Iran, Libya, Somalia, Syria and Yemen. No one from those countries has carried out an attack in the United States.
The high court in June and December 2017 allowed two versions of the ban to take effect while court challenges ran their course. The justices had not until Wednesday heard arguments on the merits of the policy.
The challengers said the U.S. Congress historically has rejected nationality bans in immigration laws, and that Trump’s policy has circumvented that judgment.
Roberts questioned whether the president could be restricted from taking “any targeted action” on foreign policy emergencies, such air strikes in Syria, affecting Muslim countries.
Kennedy, who sometimes joins the liberals in major rulings, pushed back on the notion pressed by the challengers that the ban was permanent, noting that the policy includes a requirement for reports every 180 days that could lead to the removal of a targeted country.
“That indicates there will be a reassessment,” Kennedy said, “and the president has continuing discretion.”
Trump’s conservative appointee to the court, Neil Gorsuch, suggested the lawsuits challenging the ban brought by Hawaii and others should not even have been considered by courts.
Trump’s hardline immigration policies have been a key part of his presidency. He also has moved to rescind protections for young immigrants sometimes called Dreamers brought into the United States illegally as children, acted against states and cities that protect illegal immigrants, intensified deportation efforts and pursued limits on legal immigration.