Lee v. Trump

Background

David Lee moved for a temporary restraining order, an emergency court order, against President Donald Trump on March 6, 2020. Lee challenged alleged travel restrictions involving China and Iran. He claimed the restrictions violated his rights under the Fifth and Fourteenth Amendments. Lee alleged that family members from China intended to visit him in the United States in spring 2020 but could not because of the government’s actions.

Legal standard

The court said that, in the Second Circuit, the standards for a temporary restraining order and a preliminary injunction are the same. To obtain a preliminary injunction, a plaintiff must show: (1) a likelihood of success on the merits; (2) likely irreparable injury without an injunction; (3) that the balance of hardships favors the plaintiff; and (4) that an injunction would not harm the public interest.

Court’s reasoning

The court said the government’s response to the global coronavirus pandemic was rapidly changing. By the time of the decision, travel restrictions applied to most of Europe as well as China and Iran. Because of those developments, the court found that Lee’s argument that the China and Iran restrictions were discriminatory had a low likelihood of success.

The court also found that Lee had not shown irreparable harm. It said that, if his family members’ visit was delayed, that harm was not permanent. Lee had not presented an argument that the balance of hardships favored him. Finally, the court said the public interest strongly favored keeping travel restrictions intended to prevent the spread of coronavirus because the pandemic showed no sign of stopping.

Disposition

Judge J. Paul Oetken denied Plaintiff’s motion for a temporary restraining order. The opinion did not issue an order lifting the travel restrictions and did not finally decide the underlying constitutional claims.