Liberal, conservative experts question if Supreme Court will hear Trump travel ban case – Washington Examiner
Liberal and conservative legal experts looking ahead to the next Supreme Court term are preoccupied with much different priorities, but both question whether the high court will decide the fight over President Trump's travel ban.
The issue of whether the travel ban litigation could become moot before the high court hears oral arguments is unresolved, but liberals also appear to be wondering who will be sitting on the high court next term. For liberals, rumors of Justice Anthony Kennedy's potential retirement and role on the high court still dominate their thinking about the future of the Supreme Court.
Erwin Chemerinsky, new dean of Berkeley Law at the University of California, said Thursday that the Supreme Court "is still the Anthony Kennedy court." Speaking at the National Constitution Center's review of the high court's most recent term, Chemerinsky noted that Kennedy "voted in the majority on 97 percent of all of the decisions," more often than any other justice.
"So for the lawyers who're here and watching, if you have a case before the Supreme Court, my advice to you is make your briefs a shameless attempt to pander to Justice Kennedy," Chemerinsky said. "If the clerk of the court will allow it, put Anthony Kennedy's picture on the front of your brief."
While Chemerinsky said he thinks Gorsuch may prove to be more conservative than the late Justice Antonin Scalia, whose seat Gorsuch filled in April, "if Justice Kennedy leaves the court, then we will have the most conservative court there's been since the mid-1930s."
Frederick Lawrence, Yale Law School professor who sat alongside Chemerinsky at the event, said the year has been characterized by "constitutional anxiety" for "constitutional lawyers, constitutional scholars and for citizens who care about the Constitution."
"I certainly will watch with my constitutional anxiety this October in the [travel ban] argument because I think ... there is so much vagueness in play in the joints here that when one finds oneself sort of hoping for mootness as the way out, it tells you the corners we're getting ourselves into," Lawrence said.
At the Heritage Foundation's review of the last term on Thursday, legal experts were similarly questioning whether the high court would resolve the travel ban dispute.
Will Consovoy, a former law clerk to Justice Clarence Thomas and a lawyer who argues before the Supreme Court, said "mootness is a real concern" in the travel ban case. He added that he thought the high court, more so than the lower courts that have reviewed the case, would look to say "can we create a durable rule here that's not going to devour the law, so to speak."
Trump's travel ban blocks nationals from six Muslim-majority countries from entering the U.S. for 90 days and refugees from all countries for 120 days.
Joseph Palmore, a former law clerk to Justice Ruth Bader Ginsburg and co-chairman of the Appellate and Supreme Court Practice Group at Morrison Foerster, told the Heritage Foundation audience that the issue of mootness is clearly a top issue for the high court.
Asked whether the Supreme Court could hear the case even if it appears to be moot from the vantage point of those outside the justices' chambers, Palmore said that's a question that likely would lurk.
"The court might view it though as what's before us is this actual executive order and if it's moot then those issues could be fought another day, but I think ... there might be a competing urge to the extent that some justices are concerned with what they might see as the overbreadth of some of the court of appeals decisions," Palmore said. "Do they leave those in place because the Supreme Court case becomes moot or do those get vacated? There's a lot of complicated rules, what happens when a case becomes moot."
Palmore said he also is closely watching to see how Trump's campaign statements can be attributed as motivation to enact the travel ban if at all and whether the lower courts appropriately applied nationwide injunctions.
Palmore said the last pressing question is whether the dispute could return to the Supreme Court in the "next few weeks or even days" because of the disagreement over the scope of the injunction. The Supreme Court, in deciding to take the case, said that nationals from the six countries could visit the U.S. if they have "bona fide" relationships in the country.
The fight in the federal courts over the extent of the travel ban permitted by the Supreme Court began earlier this week.
- Advocates Urge Liberals to Keep Promise on Live Horse Export Ban - Humane World for Animals - September 15th, 2025 [September 15th, 2025]
- Carney moved Liberals 'far to the right,' says Green Party leader - CBC - September 15th, 2025 [September 15th, 2025]
- Liberals, Conservatives lay out fall priorities as parties gear up for House of Commons return - CBC - September 15th, 2025 [September 15th, 2025]
- Some Liberals believe Australia is letting in the wrong immigrants - Australian Broadcasting Corporation - September 15th, 2025 [September 15th, 2025]
- Liberals need to get it together on pharmacare - The Hill Times - September 15th, 2025 [September 15th, 2025]
- Jim Warren: Carney Liberals could provide opponents of petroleum and pipelines with a $1.0 billion war chest - Pipeline Online - September 15th, 2025 [September 15th, 2025]
- Bonnie Crombie to resign after Ontario Liberals narrowly voted against leadership contest - The Globe and Mail - September 15th, 2025 [September 15th, 2025]
- Trump Just Went on Fox and Issued an Unnerving Threat Against Liberals - The New Republic - September 13th, 2025 [September 13th, 2025]
- Liberals and Conservatives Rely on Very Similar Sets of Foundations When Comparing Moral Violations - Political Science Now - September 13th, 2025 [September 13th, 2025]
- Deepening polarization in the US: The 'liberals' celebrating Charlie Kirk's murder and the hunt for their dismissal - Ynetnews - September 13th, 2025 [September 13th, 2025]
- Globe editorial: The moment that the Liberals must meet - The Globe and Mail - September 13th, 2025 [September 13th, 2025]
- Local MP critical of federal Liberals' lack of bail reform - Penticton Herald - September 13th, 2025 [September 13th, 2025]
- Liberals say party remains committed to environment amid shifting global realities - Yahoo News Canada - September 13th, 2025 [September 13th, 2025]
- N.L. Liberals approve $25M loan to Braya Renewables on eve of election call - CBC - September 13th, 2025 [September 13th, 2025]
- Opinion: Data Dive with Nik Nanos: Canadas political climate has shifted, but the Liberals shouldnt get too comfy - The Globe and Mail - September 13th, 2025 [September 13th, 2025]
- Liberals to announce second wave of major projects in November - Juno News - September 11th, 2025 [September 11th, 2025]
- Liberals still dont understand Britains immigration anger - UnHerd - September 11th, 2025 [September 11th, 2025]
- Ontario Liberals missed the mark during the election, should have focused on pocketbook issues: review - CBC - September 11th, 2025 [September 11th, 2025]
- 'They shot him in the neck, liberals were laughing': Eyewitness recalls Charlie Kirk's shooting in Utah Valley University - Business Today - September 11th, 2025 [September 11th, 2025]
- Rally in Edmonton calls on Liberals to keep their pharmacare promise - Canadian Health Coalition - September 11th, 2025 [September 11th, 2025]
- Liberals heads explode: Explaining the GOPs Trump 2028 obsession - The San Francisco Standard - September 9th, 2025 [September 9th, 2025]
- Jacinta Nampijinpa Price has shown how damaging she can be for the Liberals and left Sussan Ley holding the bag - The Guardian - September 9th, 2025 [September 9th, 2025]
- A letter to American Democrats and Canadian liberals about the MAGA movement - The Hill Times - September 9th, 2025 [September 9th, 2025]
- Heres why the Liberals and Conservatives have a head start in the next federal election campaign - Toronto Star - September 9th, 2025 [September 9th, 2025]
- Start of 2025-2026 school year will have been one of the worst, say Quebec Liberals - CityNews Montreal - September 9th, 2025 [September 9th, 2025]
- Liberals call on Price to apologise to Indian Australians - The Saturday Paper - September 9th, 2025 [September 9th, 2025]
- Liberals fume over prospects of Bari Weiss joining CBS News, Paramount buying her outlet - FOX 8 TV - September 6th, 2025 [September 6th, 2025]
- Liberals paved way to the far right - New Age BD - September 6th, 2025 [September 6th, 2025]
- Liberals Call Out Carney for Inviting Trump Insider - The Tyee - September 6th, 2025 [September 6th, 2025]
- CHARLEBOIS: On food security, Liberals have the better Temporary Foreign Worker plan - Yahoo News Canada - September 6th, 2025 [September 6th, 2025]
- Opinion: On food security, Liberals' temp foreign worker plan is better - The Star Phoenix - September 6th, 2025 [September 6th, 2025]
- Conservative influencer says American dream is at risk as liberals lack basic human decency - New York Post - September 5th, 2025 [September 5th, 2025]
- Liberals fume over prospects of Bari Weiss joining CBS News, Paramount buying her outlet - Fox News - September 5th, 2025 [September 5th, 2025]
- Geoff Russ: Yes Liberals, Canada is pretty much the Wild West today - Yahoo News Canada - September 5th, 2025 [September 5th, 2025]
- CHARLEBOIS: On food security, Liberals have the better Temporary Foreign Worker plan - Toronto Sun - September 5th, 2025 [September 5th, 2025]
- Liberals back permitting but next Yukon government gets final say on ore dock - Yukon News - September 5th, 2025 [September 5th, 2025]
- Health coalitions call on federal Liberals to keep their pharmacare promise - Canadian Health Coalition - September 5th, 2025 [September 5th, 2025]
- Business backs net zero targets despite cost, will the Liberals? - Australian Broadcasting Corporation - September 5th, 2025 [September 5th, 2025]
- Vijay Prashad: Liberals Paved the Way to the Far Right - Consortium News - September 3rd, 2025 [September 3rd, 2025]
- Poilievre calls on Liberals to scrap the temporary foreign worker program - MSN - September 3rd, 2025 [September 3rd, 2025]
- Poilievre calls on Liberals to scrap the temporary foreign worker program - Yahoo News Canada - September 3rd, 2025 [September 3rd, 2025]
- Poilievre calls on Liberals to scrap the temporary foreign worker program - 650 CKOM - September 3rd, 2025 [September 3rd, 2025]
- In the news today: Liberals' cabinet meeting begins, online harms act to be reviewed - MSN - September 3rd, 2025 [September 3rd, 2025]
- In the news today: Liberals cabinet meeting begins, online harms act to be reviewed - Winnipeg Free Press - September 3rd, 2025 [September 3rd, 2025]
- Need to Know - Is the Liberals honeymoon coming to an end?: Christian Leuprecht and Richard Shimooka in The Hub - The Macdonald-Laurier Institute - September 3rd, 2025 [September 3rd, 2025]
- Greens and Liberals unite over future of David Berry Hospital - Bugle App - September 3rd, 2025 [September 3rd, 2025]
- Pierre Poilievre calls on Liberals to axe temporary foreign worker program - BNN Bloomberg - September 3rd, 2025 [September 3rd, 2025]
- Need to Know: Is the Liberals honeymoon coming to an end? - The Hub | More Signal. Less Noise. - September 3rd, 2025 [September 3rd, 2025]
- Ontario Liberals confirm campaign debrief report will be released Monday - QP Briefing - September 3rd, 2025 [September 3rd, 2025]
- Not All Liberals Are Celebrating Gavin Newsom's Trump Trolling And It Has To Do With This Controversial Stance - Yahoo News Singapore - September 1st, 2025 [September 1st, 2025]
- After eight years out in the cold, has the WA Liberals' saviour arrived? - Australian Broadcasting Corporation - September 1st, 2025 [September 1st, 2025]
- Cost-of-Living Concerns Drive Canadians Away From Liberals, Poll Finds - thedeepdive.ca - September 1st, 2025 [September 1st, 2025]
- Liberals Cannot Stop Authoritarianism by Compromising With It - theunpopulist.net - August 29th, 2025 [August 29th, 2025]
- Not All Liberals Are Celebrating Gavin Newsom's Trump Trolling And It Has To Do With This Controversial Stance - HuffPost - August 29th, 2025 [August 29th, 2025]
- Liberals are already missing their promised lower immigration targets - Yahoo News Canada - August 29th, 2025 [August 29th, 2025]
- Comments - Liberals Cannot Stop Authoritarianism by Compromising With It - theunpopulist.net - August 29th, 2025 [August 29th, 2025]
- Raised expectations very high: Five takeaways on the Liberals and Conservatives strategies for Parliament this fall - The Hub | More Signal. Less... - August 29th, 2025 [August 29th, 2025]
- The conservative pundit also said liberals asking for more than just thoughts and prayers in response to the shooting are vilifying people of faith. -... - August 29th, 2025 [August 29th, 2025]
- Liberals are already missing their promised lower immigration targets - National Post - August 27th, 2025 [August 27th, 2025]
- N.S. Liberals to table bill that would ban use of social media by children under 16 - CBC - August 27th, 2025 [August 27th, 2025]
- Liberals are already missing their promised lower immigration targets - MSN - August 27th, 2025 [August 27th, 2025]
- Poilievre accuses Liberals of allowing temporary foreign workers take jobs from Canadians - The Globe and Mail - August 27th, 2025 [August 27th, 2025]
- N.S. Liberals bill aims to limit social media use for youth; HRM said they would review legislation carefully if it moved forward - The Laker News - August 27th, 2025 [August 27th, 2025]
- Conservative support slightly ahead of Liberals for the first time in months: poll - CityNews Ottawa - August 26th, 2025 [August 26th, 2025]
- The Liberals used to be the party for women then John Howard came along - The Conversation - August 26th, 2025 [August 26th, 2025]
- Jewish liberals defend their religion - Washington Times - August 26th, 2025 [August 26th, 2025]
- New poll finds Conservative support slightly ahead of Liberals for first time in months - CityNews Toronto - August 26th, 2025 [August 26th, 2025]
- The Conservatives are holding support much better than Carney is: Polling shows the Tories overtaking the Liberals on the issues facing Canadians -... - August 26th, 2025 [August 26th, 2025]
- Political activist CJ Pearson says White liberals are starting to fear they're losing 'power' over Blacks - Fox News - August 24th, 2025 [August 24th, 2025]
- Liberals, you now have a duty to hang the St George's flag - The i Paper - August 24th, 2025 [August 24th, 2025]
- Liberals: Alas, the Time Has Come to Throw John Rawls Under the Bus - The New Republic - August 22nd, 2025 [August 22nd, 2025]
- How conservatives help their young thinkers and why liberals dont - vox.com - August 20th, 2025 [August 20th, 2025]
- Marc Maron on 'Panicked': 'Everybody's Fair Game,' From Trump to Liberals - Newsweek - August 20th, 2025 [August 20th, 2025]
- Opinion | Rich Liberals to the Rescue! - The Wall Street Journal - August 20th, 2025 [August 20th, 2025]
- Liberals set themselves up for turbulence on workers rights - The Hill Times - August 20th, 2025 [August 20th, 2025]
- Liberals, Identity Politics, and the Open Persecution of Jews in Canada - The Times of Israel - August 20th, 2025 [August 20th, 2025]
- Holt Liberals projecting larger-than-forecast deficit this year - CBC - August 20th, 2025 [August 20th, 2025]
- Easier to advertise cookies than spinach: Conservatives outspent the Liberals seven-to-one in 2024 advertising - The Hill Times - August 20th, 2025 [August 20th, 2025]
- Tasmanian salmon farming expansion on hold as state Liberals order review ahead of parliament showdown - The Guardian - August 18th, 2025 [August 18th, 2025]
- Liberals stand united for Ukraine ahead of Alaska meeting - ALDE Party - August 18th, 2025 [August 18th, 2025]