NY Times By JOSH BLACKMAN June 11, 2017
President Trump’s revised travel ban has surged from his signature to the Supreme Court’s docket in less than three months. Under normal procedures, a case granted for review this late in the term would be argued by Thanksgiving with a possible resolution as late as June 2018. This case, indeed this president, is anything but normal. The legality of the travel ban, which implicates the commander in chief’s core statutory and constitutional authority over national security, demands an immediate resolution by the Supreme Court — one way or the other.
When necessary, the justices have quickly answered separation-of-powers disputes in less than a month’s time. Here, such a speedy resolution is essential not only to address the legality of this executive order but, more broadly, to signal to the lower courts how to treat President Trump’s unprecedented behavior in this case and beyond. With all the briefs scheduled to be filed on Monday, the court should follow its practice from previous urgent cases: Schedule argument for 10 days hence, with a resolution as soon as practicable. Letting this issue linger over the summer, or longer, would deny the parties, the courts and our republic what is truly needed: finality.
For a road map of how to proceed with all deliberate speed, look no further than the famous Steel Seizure Case, decided during the height of the Korean War. On April 8, 1952, President Harry S. Truman ordered his secretary of commerce to take control of American steel mills to avert a labor strike. He resolved that nationalizing the mills was essential to securing supply lines overseas. Although Truman was fond of saying “the buck stops here,” ultimately the decision would rest with the Supreme Court. After a month filtering through the lower courts, on June 2, the justices invalidated the seizures. From start to finish, they resolved a constitutional conflict in less than a month.
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