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Published On: Tue, Jun 26th, 2018

SCOTUS upholds Trump’s ‘travel ban’ confirming executive powers on immigration

The Supreme Court has upheld President Trump’s executive order on immigration from Islamic militant nations, nicknamed the “travel ban” by critics. The ruling was 5-4 with Chief Justice John Roberts writing for the majority.

“The Proclamation is squarely within the scope of Presidential authority,” Roberts wrote.

Trump immediately reacted on Twitter:

SUPREME COURT UPHOLDS TRUMP TRAVEL BAN. Wow!

photo/ donkeyhotey

Justice Sonia Sotomayor, joined by her colleague Ruth Bader Ginsburg, turned the ruling into a publicity stunt, reading this statement:

“The United States of America is a Nation built upon the promise of religious liberty. Our Founders honored that core promise by embedding the principle of religious neutrality in the First Amendment. The Court’s decision today fails to safeguard that fundamental principle. It leaves undisturbed a policy first advertised openly and unequivocally as a “total and complete shutdown of Muslims entering the United States” because the policy now masquerades behind a façade of national-security concerns. But this repackaging does little to cleanse Presidential Proclamation No. 9645 of the appearance of discrimination that the President’s words have created. Based on the evidence in the record, a reasonable observer would conclude that the Proclamation was motivated by anti-Muslim animus. That alone suffices to show that plaintiffs are likely to succeed on the merits of their Establishment Clause claim. The majority holds otherwise 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. Because that troubling result runs contrary to the Constitution and our precedent, I dissent.”

The objections to the order has always been rooted in Trump’s campaign language and not in the language of the text, which continued the restrictions identified during the Obama administration for their struggles with Islamic State and totalitarian regimes.

“Plaintiffs argue that this President’s words strike at fundamental standards of respect and tolerance, in violation of our constitutional tradition,” Roberts wrote. “But the issue before us is not whether to denounce the statements. It is instead the significance of those statements in reviewing a Presidential directive, neutral on its face, addressing a matter within the core of executive responsibility. In doing so, we must consider not only the statements of a particular President, but also the authority of the Presidency itself.”

Stephen Vladeck, CNN’s Supreme Court analyst and a law professor at the University of Texas School of Law, called the ruling a “big win” for the White House.

“The Supreme Court has reaffirmed the President’s sweeping statutory authority when it comes to deciding who may and who may not travel to the United States, authority that both President Trump and future presidents will surely rely upon to justify more aggressive immigration restrictions,” Vladeck said.

Minnesota Democratic Rep. Keith Ellison, the first Muslim elected to Congress, said Tuesday’s decision “give legitimacy to discrimination and Islamophobia.”

Omar Jadwat, director of the ACLU’s Immigrants’ Rights Project, said in a statement that the court’s “ruling will go down in history as one of the Supreme Court’s great failures.”Democratic National Committee chair Tom Perez said, “Discrimination is not a national security strategy, and prejudice is not patriotism. Let’s call this ban for what it is: an outright attack on the Muslim community that violates our nation’s commitment to liberty and justice for all.”

photo/ Donkey hotey

About the Author

- Writer and Co-Founder of The Global Dispatch, Brandon has been covering news, offering commentary for years, beginning professional in 2008 on sites like Examiner and blogs: Desk of Brian, Crazed Fanboy. Appearing on several radio shows, Brandon has hosted Dispatch Radio, written his first novel (The Rise of the Templar) will be a licensed Assembly of God Pastor by the Spring of 2017. "Why do we do this?" I was asked and the answer is simple. "I just want the truth. I want a source of information that tells me what's going and clearly attempts to separate opinion from fact. Set aside left and right, old and young, just point to the world and say, 'Look!'" To Contact Brandon email [email protected] ATTN: BRANDON

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