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Legal Insurrection's William Jacobson Talks Supreme Court Announcement on Trump Travel Ban with Tony Katz

Court Allows Key Parts of Travel Ban to be Implemented, Will Hear Case In October

(photo credit: Eric Thayer/Stringer/Getty Images)

The U.S. Supreme Court announced Monday it will allow key parts of President Trump's travel ban to be implemented as it will hear oral arguments on the case this fall.

William Jacobson from told WIBC host Tony Katz that Monday's announcement - a vote of 9-0 - is a major victory for the White House. Could this be foreshadowing for how they may rule in October?


While this isn't a ruling on the merits, it's a ruling on what they call a 'stay application' to put a hold on the lower court injunction, the standard for doing that is pretty high. You have to show that there is a substantial likelihood that the person seeking the stay - meaning Donald Trump - is going to prevail. 

...but I think it's highly unlikely that you're going to get a decision in October that says, 'You know what? the 4th circuit and the 9th circuit were right after all.' I just don't think that's likely.

Jacobson also commented on the likelihood that Supreme Court Justice Kennedy would announce his retirement this week:

I don't know, I mean he's been there 30 years, he's 81 years old. On the other hand, sometimes these justices don't want to give it up. I mean this is what their life is. They obviously enjoy it. I mean it's stressful, but no indication [Kennedy] is incapable of going forward. 

Click on the link below to hear Tony's full interview with William Jacobson:


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