Supreme Court ruling gets mixed reactions

30 June, 2018, 08:19 | Author: Roderick Gutierrez
  • Supreme Court Upholds Donald Trump’s Travel Ban 3.0, Says POTUS ‘Possesses An Extraordinary Power’

This morning, the Court released rulings on two big cases. "We just can not walk away from the fact of how this all started, which was a President that said he wanted to ban Muslims from our country".

In a strident dissent that she read from in court, liberal Justice Sonia Sotomayor said there were "stark parallels" with the court's now discredited 1944 decision that upheld U.S. internment of Japanese-Americans during World War Two.

"In this era of worldwide terrorism and extremist movements bent on harming innocent civilians, we must properly vet those coming into our country".

She said her colleagues arrived at the opposite result by "ignoring the facts, misconstruing our legal precedent, and turning a blind eye to the pain and suffering the Proclamation inflicts upon countless families and individuals, many of whom are United States citizens".

"I don't know how the court can even evoke Korematsu in trying to make a distinction because Korematsu was a decision based on the President saying this is for national security", Hirono said in a speech at the rally, which drew in over 300 people. Our country will always be safe, secure, and protected on my watch.

Trump will view the travel ban decision as a validation that he was, from the start, right all along about his ability to limit who comes into the country. Writing for the majority, Chief Justice John Roberts said that the U.S. President has the Constitutional authority to block "entry of nationals who can not be adequately vetted". It restricts entry from seven countries, though some very slightly, like Venezuela.

The ban prevents entry into the USA by most people from Iran, Libya, Somalia, Syria and Yemen.

The travel restrictions got the attention of officials in Iraq, Sudan and Chad, which subsequently improved their vetting procedures and were removed from the list. Mr Trump, as a candidate, had called for "a total and complete shutdown of Muslims entering the United States".

The high court in June and December 2017 allowed two versions of the ban to take effect while court challenges ran their course but had not resolved the legal merits of the challenges until now. He had originally called for an end to Muslim travel to the United States.

Justice Sonia Sotomayor, in her dissent, found "stark parallels between the reasoning of this case and that of Korematsu;" in both cases, "the Government invoked an ill-defined national-security threat to justify an exclusionary policy of sweeping proportion".


Lower courts had deemed the ban unconstitutional, but the USA top court has reversed this decision in a 5-4 ruling announced on Tuesday.

Andrew Arthur, resident fellow of law and policy at the Center for Immigration Studies, a group that advocates for lower levels of immigration and supports Trump's travel ban, said the justices decided mostly on the specifics of the current travel ban.

"I think it's clear that the history of this travel ban is one that is not to credit of the United States", Dick Durbin, the Senate's No. 2 Democrat, told CNN. Roberts believed not, because "the text says nothing about religion" and Trump's order "is facially neutral toward religion".

Omar Jadwat, director of the ACLU's Immigrant Rights Project, said the ruling would "go down in history as one of the Supreme Court's great failures".

But in his option for the majority, Chief Justice John Roberts said the court's job wasn't to decide whether to denounce those statements.

"Today's decision is critical to ensuring the continued authority of President Trump and all future presidents to protect the American people", Sessions said in the statement.

The court failed today, and so the public is needed more than ever.

But new State Department statistics released on Tuesday show that US consular officers issued waivers to the ban in only 2 percent of visa applications over the course of almost five months.

The ruling is not, however, a blanket approval to ban immigration from wherever the president wants.

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