Liberals sued President Trump in what is now colloquially known as the Travel Ban case. Their main argument was that the administration’s travel ban and the president’s concerns about national security were covers for Islamophobia and discrimination.
Supreme Court Chief Justice John Roberts quickly put them in their place. (Townhall)
But Chief Justice Roberts, writing for the Supreme Court, referred to these statements and retweets as “extrinsic evidence” and stated that the President’s “policy will be upheld so long as it can reasonably be understood to result from a justification independent of unconstitutional grounds.” The banned nations make up only 8% of the world’s Muslim population, and the ban is limited to countries that were previously designated by Congress or prior administrations as posing national security risks, the Court observed. More importantly, the text of the ban says nothing about religion, and Justice Roberts did not see fit to read random statements on religion from the campaign and from Twitter into the ban.
The Supreme Court instead concentrated on the authority of the Presidency itself and on the 8 U. S. C. §1182(f) law giving a president power to create a travel ban.
Quite simply, under U.S. law, the President may limit alien entry when he finds that their entry “would be detrimental to the interests of the United States.” 8 U. S. C. §1182(f). In this case, Trump determined that aliens from some countries are detrimental because those countries do not share adequate information with the U.S. for an informed decision on entry, and that other countries are detrimental because their aliens create national security risks. Trump explained that the limits he put in place were tailored to protect American interests. The only prerequisite set forth in §1182(f) is that the President “find” that the entry of the covered aliens would be detrimental to the interests of the U.S. “The President has undoubtedly fulfilled that requirement here,” the Supreme Court ruled. He was squarely within his powers.
The Supreme Court also cited previous administration’s travel bans – including Obama’s – for being strikingly similar.
AAN Staff
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