Reporter's Notebook

Three Hints As To How SCOTUS is Thinking About Trump’s Travel Ban

Activists rally against the Muslim Ban on the day the Supreme Court hears arguments in Hawaii v. Trump in front of the court in Washington, DC on April 25, 2018. - President Donald Trump's effort to ban immigrants fr... Activists rally against the Muslim Ban on the day the Supreme Court hears arguments in Hawaii v. Trump in front of the court in Washington, DC on April 25, 2018. - President Donald Trump's effort to ban immigrants from several Muslim-majority countries heads to the Supreme Court Wednesday, which will decide if his argument asserting national security interests was tainted by religious bias.The case, known as Trump v. Hawaii, will address the president's broad powers to set immigration policy, which the administration says permit Trump's travel ban, one of his hallmark policies since taking office in January 2017. (Photo by Andrew CABALLERO-REYNOLDS / AFP) (Photo credit should read ANDREW CABALLERO-REYNOLDS/AFP/Getty Images) MORE LESS
|
April 25, 2018 5:30 pm

Predicting the outcome of a Supreme Court case based on what the justices ask at oral arguments can be a fool’s errand, since their questions don’t always match up with the opinions they eventually write (and one justice famously says nothing at all). Many outlets are predicting that the court will side, possibly overwhelmingly, with the government — not wanting to second-guess their claim that the travel ban was motivated by true national security concerns. But it’s far from a foregone conclusion: Others, including myself, are not so sure, and heard several moments where justices seemed unconvinced by the government’s claims.

We’ll have to wait until June to learn the fate of President Donald Trump’s travel ban, but I want to highlight some of the key moments I observed inside the courtroom Wednesday morning, which may provide clues as to how the justices are looking at the case.

Prime Only Members-Only Article
To access exclusive analysis and reporting from TPM’s award-winning staff along with:
The Hive Member Forum
Members-Only Newsletter
Exclusive RSS Feeds
Commenting
View All Options
Are you a student or experiencing financial hardship? We offer FREE memberships to those in need. Apply Here
Masthead Masthead
Editor & Publisher:
Executive Editor:
Managing Editor:
Senior Editor:
Special Projects Editor:
Investigations Desk:
Reporter:
Newswriters:
Front Page Editor:
Editor at Large:
General Manager & General Counsel:
Executive Publisher:
Head of Product:
Director of Technology:
Publishing Associate:
Front-End Developer:
Senior Designer: