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What to watch for when the Supreme Court hears arguments on the president’s travel ban

Visitors walk outside the U.S. Supreme Court on Feb. 14.
Visitors walk outside the U.S. Supreme Court on Feb. 14.
Drew Angerer/Getty Images

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Over a year after Trump limited travel from five mostly predominantly Muslim countries in a third iteration of the “travel ban,” the Supreme Court is taking up the issue in Trump v. Hawaii.

Oral arguments are set for Wednesday, April 25, in a case that will test the limits of presidential power over immigration. The court will have to decide whether the travel restrictions are rooted in anti-Muslim animus and are discriminatory, whether the case can be considered for judicial review and whether the lower courts injunctions on enforcement of the travel ban where too sweeping. 

We get a preview of the arguments and explore the potential repercussions of the court’s decision.


Josh Blackman, an associate professor of Law at the South Texas College of Law who specializes in constitutional law; he is the author of “Unprecedented: The Constitutional Challenge to Obamacare” (Public Affairs, 2013) and he tweets @JoshMBlackman

Shoba Wadhia, professor of law and director of the Center for Immigrants’ Rights Clinic at Penn State Law; she submitted an amicus brief for the case on the history of the Immigration and Nationality Act