Supreme Court upholds travel ban in major win for Trump
02 July, 2018, 03:05 | Author: Kim Reid
Justice Anthony Kennedy, the court's swing voter, joined the majority opinion in full. The conservative justices on the Court give loads of leeway to a president (in this case, a insane one who has been compromised by a foreign power) to dictate immigration policy. During election campaign, as a candidate, Trump himself had given arguments to opponents of this veto by claiming that he had to ban country from "Muslims" to reduce risks of Islamist terrorism. "As the Supreme Court has repeatedly said, not everything that is constitutional is good policy".
But that seems likely, because Tuesday's decision leaves the challengers nearly no ground to stand on.
Justice Sonia Sotomayor wrote in a dissent that the decision was reached upon "misconstruing our legal precedent, and turning a blind eye to the pain and suffering the Proclamationinflicts upon countless families and individuals, many of whom are United States citizens". As a result, a new ban was born featuring a number of revisions that took Iraq off the list of prohibited countries, allowed those who already have a valid visa to come to the USA, and rescinded the suspension of a Syrian refugee resettlement program.
In dissent, liberal Justice Sonia Sotomayor said there were "stark parallels" with the court's now discredited 1944 decision that upheld United States internment of Japanese-Americans during World War II.
The travel ban, in its current form, prevents travel from Iran, Libya, Somalia, Syria, and Yemen.
The travel ban has already been in effect since late a year ago and targets Venezuelan government officials and their families. Chad was recently removed from the list after the administration said that country had beefed up its information-sharing.
INSKEEP: So how did John Roberts, the chief justice, justify the ruling in favor of the travel ban?
That triggered chaos and protests across the USA as travellers were stopped from boarding global flights and detained at airports for hours. She also compared the present case to that of Korematsu V. U.S., a Supreme Court decision in 1944 which upheld the internment of almost 120,000 Japanese Americans in barbed wire enclosures during World War II.
It also eliminated language that would give priority to religious minorities. They said the orders were illegal because they targeted Muslims.
The lower federal courts had ruled that all three versions either violate federal law or are unconstitutional, excluding restrictions on travelers from the DPRK and government officials from Venezuela.
The 5-4 ruling keeps in place a reworked version of the ban that was introduced in September.
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