Consider This from NPR

Episode Summary: "A new travel ban is coming. Will it hold up in court?"

Release Date: June 5, 2025
Host: Mary Louise Kelly
Guest: Professor Stephen Vladek, Georgetown University Law Professor

Introduction

In this episode of NPR's Consider This, host Mary Louise Kelly delves into the ramifications of President Trump's newly enacted travel ban. This policy revives and expands upon the controversial ban from Trump's first term, introducing restrictions on travelers from a dozen countries immediately and imposing additional limitations on seven more.

Background of the Travel Ban

Mary Louise Kelly opens the discussion by outlining the implementation of the new travel ban:

Mary Louise Kelly [00:00]: "On Monday, a new travel ban goes into effect, barring people in a dozen countries from entering the U.S. Travelers from an additional seven countries will face restrictions."

The episode references President Trump's previous introduction of a similar ban during his first term, which sparked widespread protests and legal battles:

Mary Louise Kelly [00:20]: "President Trump announcing the ban earlier this week in a video message on social media. This fulfills something he has long promised to bring back, the travel ban he enacted during his first term."

Historical context is provided through archived statements and public reactions:

Stephen Vladek [00:35]: "I'm establishing new vetting measures to keep radical Islamic terrorists out of the United States of America. We don't want them here."

Protests and legal challenges characterized the initial instatement of the ban, often referred to as the "Muslim ban":

Protester [01:04]: "No fear. Refugees are welcome here. Let them in. Let them in. Let them in."

The legal battles culminated in the Supreme Court upholding the third iteration of the ban in June 2018:

Mary Louise Kelly [01:32]: "In June of 2018, the Supreme Court ultimately upheld the latest version, delivering a major victory to President Trump."

Expert Analysis with Professor Stephen Vladek

To provide a deeper understanding of the new travel ban's legal standing, Mary Louise Kelly interviews Professor Stephen Vladek.

Comparison with Previous Bans

Professor Vladek highlights the strategic differences in the latest ban compared to its predecessors:

Stephen Vladek [03:54]: "What's really striking about the latest iteration of this kind of travel ban is really how radically different it looks from the clumsier, I think, less careful attempts we saw during the first Trump administration."

He notes that the new ban avoids explicitly targeting Muslim-majority countries, instead offering specific factual justifications for the selected nations:

Stephen Vladek [04:19]: "It doesn't single out Muslim majority countries. It tries to at least offer some kind of factual basis for why these countries and not others."

Legal Robustness and Supreme Court Consideration

Discussing the potential for the ban to withstand legal scrutiny, Professor Vladek references the Supreme Court's stance from the previous administration:

Stephen Vladek [05:12]: "The U.S. Supreme Court back in 2018... really did say that the president's actual motive is not that relevant to whether the underlying policy is lawful."

He emphasizes that the inclusion of exemptions—such as for green card holders and individuals with approved visas—strengthens the policy's legal standing:

Stephen Vladek [05:40]: "It's important... that this new travel ban carves out folks who have green cards, carves out folks who already have, you know, approved visas of various sorts."

Potential for Future Litigation

While the policy's wording may hold up in court, Professor Vladek warns about possible enforcement-related challenges:

Stephen Vladek [07:48]: "I think the words of this policy are probably going to do relatively well in court. But, you know, I would not put it past this administration to enforce it in a way that invites further lawsuits."

He anticipates that legal challenges will focus on the specific rationale for each country’s inclusion and the accuracy of the data supporting the ban:

Stephen Vladek [08:19]: "Litigation is probably going to focus far more specifically on the particular factual grounds that the government has come up with."

Key Takeaways and Future Implications

Mary Louise Kelly and Professor Vladek conclude that while the latest travel ban is meticulously crafted to withstand immediate legal challenges, its enforcement will be crucial in determining its long-term viability. The administration's implementation strategies may open avenues for future lawsuits, particularly from affected visa holders and refugee groups.

Mary Louise Kelly [06:45]: "So we're talking around this a little bit, but I'll just ask directly the central question about how strong the legal underpinning for this latest ban is, in your view, will it stand up in court?"

Stephen Vladek [06:58]: "I think the words of this policy are probably going to do relatively well in court."

Conclusion

The episode provides a comprehensive examination of President Trump's renewed travel ban, offering listeners detailed insights into its legal foundations and the potential challenges it may face. With expert analysis from Professor Stephen Vladek, NPR's "Consider This" equips audiences with the knowledge to understand the complexities surrounding this significant policy move.

This summary excludes all advertisements, intros, outros, and non-content sections to focus solely on the substantive discussion surrounding the new travel ban.