The curious case of 4th Circuit delay in ruling on Trump Travel Order No. 3

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Legal Insurrection

The curious case of 4th Circuit delay in ruling on Trump Travel Order No. 3

 Posted by Jared Samilow    Saturday, January 13, 2018 at 8:00pm

Several theories as to why the 4th Circuit has not moved with “appropriate dispatch” as the Supreme Court ordered.

We’re now on day 36 without a 4th Circuit decision on Trump’s third travel order.

Unveiled as a presidential proclamation on September 24, 2017, the third travel order (we’ll call it EO-3) restricts entry by most nationals of Chad, Iran, Libya, Syria, and Yemen, as well as some nationals of North Korea and Venezuela.

Almost immediately after Trump issued EO-3, Hawaii and the International Refugee Assistance Project returned to the same judges in HI and MD who blocked the March travel ban (EO-2) and once again obtained nationwide injunctions. As a result, we now have parallel appeals in the 4th (full court, en banc) and 9th Circuits (panel of three judges).

The 4th Circuit’s extended delay is bizarre in light of the fact that on December 4, the Supreme Court stayed the injunctions and allowed the restrictions to take full effect during the appeals. At that time, the justices noted that they “expect[ed]” the 4th and 9th Circuits to rule with “appropriate dispatch.”