SCOTUS and New Travel Order

As I suspected when I wrote about this yesterday, the Supreme Court yesterday canceled hearing the travel ban cases until briefs are submitted by the parties involved. Here is the link to the short, one paragraph order.

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Two Memoranda

Yesterday two routine memoranda were posted on the White House website.

The first is aimed at increasing funding and support for science, technology, engineering and mathematics education, especially computer science. It directs the Secretary of Education to spend at least $200 million dollars on grants to improve computer science access, subject to adequate congressional funding. A report is due in 90 days on the initiatives taken.

The second is a very brief memo to the Secretary of State delegating presidential authority to the Secretary with regard to the Consolidated Appropriations Act, 2017 (Public Law 115-31).

Official Titles and Links:

Memoranda dated September 25, 2017

New Travel Ban

Ninety days have passed since the “travel ban, version 2.0” was implemented. That means, because it was initiated as temporary, it has now expired. Not surprisingly, the media are all over this, so I feel less like I’m a lonely voice monitoring unilateral executive actions.

At this point, I have only a few comments. First, I find it interesting that this time the official action is a proclamation not and executive order. I believe, historically and in general, proclamations are not viewed to be as legally binding as an executive order is, but that may about to be tested.

Second, this makes one wonder if the case waiting for argument before the Supreme Court next month will actually be argued. It seems to me the Court could simply now reject hearing the case declaring it moot. But, it may still hear the case in order to settle the general argument rather than the specifics, and, if so, that would be a very interesting event.

Third, the addition of North Korea and Venezuela in particular to the list of countries banned in this proclamation would appear to remove one of the original challenges to its constitutionality, because those two countries are not likely to be seen as “Muslim” nations.

Finally, this lengthy proclamation begins with paragraphs of overblown, self-serving rhetoric, and continues with long explanations of reports from cabinet officers. In fact, most of it appears more a public report than a proclamation.

Ed. Note: In case anyone is interested in the minutia, at the bottom of this post, I’ve listed links to the original executive orders and my comments about them.

Official Title and Link: Presidential Proclamation Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats

Proclamation dated September 24, 2017

______________________

Links to original executive orders:

Links to my previous comments:

 

Another Extension

Apparently there will be no end to the “national emergency” of the acts of 9-11-2001. Yesterday two more memoranda to that effect were signed.

Official Titles and Links:

Memoranda dated September 18, 2017