Donald Trump’s travel ban is officially headed to the Supreme Court for what’s likely to be its final showdown.
The High Court announced that its justices would hear Trump v. Hawaii on Friday afternoon after vacating a lower court’s decision to stay the current version of Trump’s travel ban. Most recently, the famously liberal 9th Circuit court had struck down the ban entirely and set the stage for a Supreme Court showdown.
Trump’s travel ban, which prohibits people from certain Muslim-majority countries from traveling to the U.S., is now in its third version. In September, the administration added Venezuela, Chad, and North Korea to the existing list of Libya, Syria, Yemen, Somalia, and Iran. While multiple lower courts had blocked the two earlier versions of the policy, those were eventually replaced, making a Supreme Court hearing unnecessary.
In early December, the Supreme Court allowed the third version to go into effect — but only until the 9th Circuit completed its ruling on a pending appeal. After that, the justices would decide whether to hear the case again. Previously, in June, the High Court had ruled that travelers from countries named in the ban with ties to the United States would remain unaffected.
When the first ban was officially introduced in an executive order on Jan. 27 of last year, critics and advocacy groups immediately began characterizing it as an unconstitutional Muslim ban, meant to target immigrants and travelers by their place of origin, ethnicity, and religion rather than any security threat they might pose. Throughout all the ban’s iterations and court battles, that fundamental argument has remained the same.
“Every version of the ban has been found unconstitutional, illegal, or both by federal trial and appellate courts,” said Omar Jadwat, director of the ACLU’s Immigrants’ Rights Project, in a press release on Friday. “The Supreme Court can and should put a definitive end to President Trump’s attempt to undermine the constitutional guarantee of religious equality and the basic principles of our immigration laws, including their prohibition of national origin discrimination.”
And Neil Katyal, a lawyer for those appealing the ban, tweeted: