In a 5-4 decision Tuesday morning, the Supreme Court upheld President Trump’s travel ban – which he issued through an executive order last year. The ban bars individuals from Venezuela, Libya, Syria, Iran, Yemen, Somalia and North Korea from traveling to the United States.
SUPREME COURT UPHOLDS TRUMP TRAVEL BAN. Wow!
— Donald J. Trump (@realDonaldTrump) June 26, 2018
The ruling overturns a 9th circuit court ruling against the ban and verifies the President of the United States has the authority to limit entry into the country.
“Under these circumstances, the Government has set forth a sufficient national security justification to survive rational basis review. We express no view on the soundness of the policy. We simply hold today that plaintiffs have not demonstrated a likelihood of success on the merits of their constitutional claim,” the opinion states. “Because plaintiffs have not shown that they are likely to succeed on the merits of their claims, we reverse the grant of the preliminary injunction as an abuse of discretion.”
The President can “‘suspend the entry of all aliens or any class of aliens’ whenever he ‘finds’ that their entry ‘would be detrimental to the interests of the United States.'”
The opinion also acknowledges the executive or legislative branches, not the court, has authority on this matter.
“For more than a century, this Court has recognized that the admission and exclusion of foreign nationals is a ‘fundamental sovereign attribute exercised by the Government’s political departments largely immune from judicial control,'” the ruling states, citing court precedent. “Because decisions in these matters may implicate ‘relations with foreign powers,’ or involve ‘classifications defined in the light of changing political and economic circumstances,’ such judgments ‘are frequently of a character more appropriate to either the Legislature or the Executive.'”
Chief Justice John Roberts wrote the majority opinion and was joined by Justices Roberts, Gorsuch, Kennedy and Alito. Justices Sotomayor, Kagan, Breyer and Ginsburg dissented.
The justices did consider President Trump’s statements on the campaign trail about a “Muslim ban” when making their decision. However, the majority found his power through the executive branch outweighs any statements of intent. Liberal justices disagreed.
J. Sotomayor's dissent, joined by J. Ginsburg, starts and ends with Trump's anti-Muslim claims, which she finds demonstrate that the travel ban likely violates the Establishment Clause.
"A reasonable observer would conclude that the [ban] was motivated by anti-Muslim animus."
— Gabriel Malor (@gabrielmalor) June 26, 2018
With the ruling, the travel ban will go into full effect Tuesday afternoon.
Source: Townhall
