Today we filed in the U.S. Supreme Court an amicus brief supporting President Trump’s challenge to the Fourth Circuit decision which approved a Maryland judge’s injunction against his Executive Order. Our brief supports both President Trump’s application to stay this injunction, and supports his petition for certiorari. The brief addressed three broad points.
First, we explain how the rationale underlying the district and circuit court decision undermines the President’s inherent and statutory authority to control immigration into the United States. We ask the Court to consider whether this rationale could also be applied to enjoin Presidentially ordered military operations against Islamic nations.