Trump first introduced the executive order the month he became president, in January 2017, with plans to put it into effect nearly immediately, setting off a series of protests in airports across the country. Picture taken on June 23, 2018.
Donald Trump already has one Supreme Court nomination under his belt, and now he's looking at another as Justice Anthony Kennedy announced his July 31 retirement and a wave of trepidation swept across late-night on Wednesday.
Of course, there are the many areas where Kennedy was the fifth vote for a conservative result: in striking down campaign finance laws, in declaring a law violates the Second Amendment and in many cases this term.
The Supreme Court's decision is a political victory for Trump.
Kennedy was nominated in 1987 by President Reagan to the court, after Robert Bork's nomination failed and Douglas Ginsburg was pressured to withdraw after questions were raised about his admission he had smoked marijuana several times. "This is less than a quarter of the volume needed to be on track for 2016 student visa levels", the last full year before the ban took effect, Justice Stephen Breyer noted in his dissenting opinion. "The Court has rightly upheld this common-sense, longstanding practice, which I hope will end once and for all the tortured reasoning of liberal judges who make up new legal doctrines because they personally disapprove of the president".
Majority Leader Mitch McConnell said on the Senate floor that a confirmation vote would be held this fall. Thomas, nominated by George H.W. Bush, was confirmed by only 52 senators, 41 Republicans and 11 Democrats.
After 30 years on the Supreme Court, Justice Anthony M. Kennedy is stepping down. In the year since the Gorsuch vote, the Senate has added one more Democratic moderate whose next election is looming on the horizon: Doug Jones of Alabama, who faces re-election in 2020. Joe Manchin (D-W.V.), Joe Donnelly (D-Ind.) and Heidi Heitkamp (D-N.D.) all voted to confirm Justice Neil Gorsuch, and could break with their party again, in order to save their own re-election. The Court has repeatedly ruled that evidence of discriminatory motive targeting people on the basis of race, ethnicity, or religion, can invalidate even a seemingly "neutral" policy that does not explicitly mention the forbidden classification, unless the government can prove it would have adopted the same policy for legitimate reasons.
Murkowski vowed a careful vetting of the pick, saying she has "extremely high" standards for the Supreme Court.
Mrs Sotomajor said her conservative colleagues arrived at the opposite result by "ignoring the facts, misconstruing our legal precedent, and turning a blind eye to the pain and suffering the Proclamation inflicts upon countless families and individuals, many of whom are United States citizens".
Asked if he has thought about Senate nominees should Mike Lee be appointed to the court, Herbert said, "I don't have a short list".