Supreme Court Upholds Travel Ban: How and Why There Can be Different Opinions on the Same Subject


What is the law, is a question people ask for which there frequently is no clear answer.  The Supreme Court allowed the Trump travel.

Click to access 17-965_h315.pdf

More accurately, 5 judges allowed the law, while 4 suggested it be struck down.  And several lower courts found it invalid.  See Washington v Trump,  847 F.3d 1151 (9th Cir. 2017).


Click to access 17-35105.pdf

The decision illustrates several principles,

  • Different courts can see the same law in different ways,
  • Facts can be emphasized in varying ways, and one can look at the various opinions to see how each judge emphasized different facts.
  • Judges have predilections like everyone else, and that can influence their decisions.

Rather than asking what is the law which supposes a clarity and certainly that usually does not exist, ask what are the factor that courts will consider and how will they be weighed.

Couple receiving bad news over phone

Powered by

Up ↑