Any messy fallout or missteps could threaten to derail what was otherwise considered a victory for the administration.
That executive order, which went into effect immediately, barred all travelers from seven countries from entering the US even if they had green cards, valid visas or refugee status.
When the Trump administration rolled out the President's first executive order in January, bedlam ensued nearly immediately as foreigners from seven predominately Muslim countries tried to enter the United States, only to be turned away at the border or separated from loved ones overseas. Those individuals include, for example, someone with close family here or acceptance to an American university.
"It has opened the door to legal chaos and official overreach in embassies and at the border", said Nihad Awad, national executive director for the Council on American-Islamic Relations (CAIR).
So in coming up with its placeholder ruling, the court tried to find some balance in the competing claims, and added a little common sense.
It also allows a 120-day ban on all refugees entering the United States to go into effect. His insistence that the bans are necessary to protect America is belied by the fact that violent acts associated with terrorism, in this country and elsewhere worldwide, usually are planned and performed by people who already are residents.
The State Department provisionally revoked tens of thousands of visas, and some travelers were detained and sent away from US airports, prompting a flurry of legal challenges. One was Thomas. The other was Gorsuch.
At least three justices agreed the standard used by the court will prove "unworkable" in practice and invite a "flood of litigation" over the summer as "courts struggle to determine what exactly constitutes a 'bona fide relationship'".More news: Bernie, Jane Sanders Being Investigated For Bank Fraud
Trump's initial travel ban, issued without warning on a Friday in January, brought chaos and protests to airports nationwide as travelers from seven targeted countries were barred even if they had prior permission to come to the U.S. The State Department canceled up to 60,000 visas but later reversed that decision.
Trump had suffered a series of judicial defeats over the ban, with two federal appeals courts maintaining injunctions on it by arguing that his executive order discriminated against travelers based on their nationality.
Gorsky said the standard is likely to sow confusion among USA consular officials who have to make visa decisions and could require another court decision to determine what constitutes a connection to the United States sufficient to allow entry.
It was blocked by a judge in NY just a day later, and by February 3 US District Court Judge James Robert blocked the ban nationwide. "I'm sorry for taking up so much time, I apologize", he said, smiling, after one such lengthy exchange. John McCain of Arizona and Lindsey Graham of SC said in a statement at the time.
"As for entities, the relationship must be formal, documented, and formed in the ordinary course, rather than for the objective of evading the executive order". Justices won't hear oral arguments on the merits of the travel ban until this fall. Republican senators have been reluctant to support the bill, and the figures released by the CBO will likely make it even more hard to garner support. "I think you're going to be going through a lengthy inquiry, and we'll have to see how that plays out". But by then, a key provision may have expired, possibly making the review unnecessary. That will not be the case after the Supreme Court's decision.
The ban limits travel for 90 days from the six mostly Muslim countries and suspends the nation's refugee program for 120 days. Mr Trump and his lawyers have consistently argued that it is the right of the United States president to take measures that are deemed to be in the interest of national security.
Judges should look only to whether the executive orders were proper on their face, they said, without trying to decide if the president had ulterior motives, and defer to national security decisions made by the executive branch.