Saturday, July 7, 2018

Trump's "Travel Ban" Survives, But the Court Sets a Bad Precedent

A slim five-justice Supreme Court majority upheld President Donald Trump's suspension of immigrant visas from eight security-compromised countries last week, overturning a lower court injunction against it.

In dissent, Justice Sonia Sotomayor alleged that the suspension of travel from those countries constituted a "Discriminatory policy," intended to exclude Muslims from the United States.

Trump v. Hawaii was the third legal challenge to the president's efforts to limit travel from terror-sponsoring countries.

The suit took aim at a September 2017 presidential proclamation issued after a worldwide security review by multiple federal agencies that evaluated the integrity of other countries' travel documents, their willingness to share their nationals' criminal history and terror connections, and their internal terrorist networks.

If the plaintiffs were correct that a president may not suspend the entry of citizens from particular countries, then traditional wartime restrictions on alien entry would be out of bounds, as would be restrictions in response to epidemics in foreign countries, Roberts correctly observed.

The most sweeping of those statements occurred on December 7, 2015, posted to Trump's campaign website: "Donald J. Trump is calling for a total and complete shutdown of Muslims entering the United States until our country's representatives can figure out what is going on." Invoking "Pew Research," the campaign statement alleged: "[T]here is great hatred towards Americans by large segments of the Muslim population.... Until we are able to determine and understand this problem and the dangerous threat it poses, our country cannot be the victims of the horrendous attacks by people that believe only in Jihad, and have no sense of reason or respect of human life.

He tweeted in June 2017: "People, the lawyers and the courts can call it whatever they want, but I am calling it what we need and what it is, a TRAVEL BAN! ... That's right, we need a TRAVEL BAN for certain DANGEROUS countries, not some politically correct term that won't help us protect our people!".

https://www.city-journal.org/html/trumps-travel-ban-survives-court-sets-bad-precedent-16009.html 

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