The Justice Department has filed a petition seeking a review of a decision by the Fourth Circuit Court of Appeals, continuing a travel ban from six mostly Muslim countries. This petition for certiorari sets the stage for a constitutional showdown–whether a presidential initiative is lawful. The Supreme Court normally grants review when a federal appeals court holds a presidential initiative to be unconstitutional and the government has asked the Court to expedite its decision on whether to review. Thus the Court could make its decision before it breaks at the end of June. It takes four votes by the Justices to grant a petition for certiorari and, if granted, arguments would be heard in the Fall.
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