Update: Travel Ban to be Revised

Two weeks ago we explained what President Trump’s executive order, otherwise known as the travel ban, could mean for labs. We also said that the order is being challenged as unconsitutional and on Feb. 3, a federal district court granted a temporary restraining order (TRO) banning enforcement of parts of the ban pending resolution of the underlying lawsuit.

The administration immediately appealed but the US Circuit Court of Appeals for the 9th Circuit upheld the lower court’s that ruling, leaving the administration with 4 options:

Option 1: Give up—which is not likely to happen;

Option 2: Appeal to US Supreme Court—a likely undesirable option because there are currently only eight Justices and persuading five of them will be difficult;

Option 3: Fight it out in district court—this would involve significant time and risk; or

Option 4: Rewrite the EO—which is the option the administration chose.

On Feb. 16, the 9th Circuit issued an order acknowledging that the President “intends to issue a new Executive Order and has urged the Court to ‘hold its consideration of the case until the President issues the new Order.'” Therefore, further court action is on hold pending the new order. So stayed tuned as we await the revised executive order and the court’s response.