Travel ban decision clear victory for national security

"If we leave it to the folks on the front line, that's just going to lead to more litigation".

In a memo issued on June 14, Trump ordered government agencies to begin enforcing the ban within 72 hours in the event that injunctions were lifted.

As for refugees, the court held that a person seeking refuge in the U.S. can claim "concrete hardship" - but in the end, if they "lack any such connection to the United States. the balance tips in favor of the government's compelling need to provide for the Nation's security".

It's important to note, however, that these post-war laws were looking at longer-term residency in the United States, whereas Trump's travel ban intends to restrict as much movement, permanent or temporary, as possible.

"The courts are slow and political!"

The ruling does not affect nationals from the six countries who already have links to the US.

But Thomas also seemed to complain that the majority of his colleagues, in trying to reach a sensible result by keeping the travel ban on ice in large part, went against "sound legal principles".

Since he signed the first executive order January 27, Trump has pitched the travel ban as a temporary anti-terrorism policy needed to give the government time to review and improve screening procedures, both worldwide and for the particular countries in question: Iran, Libya, Somalia, Sudan, Syria and Yemen. That is, that he's a president whose own lack of regard for his oath of office, his showmanship, and his incompetence in rolling out the travel ban simply leaves courts with no option but to second-guess his every move. But that order, too, was challenged by lawsuits, and it was blocked by lower courts before it ever went into effect.


"All other foreign nationals are subject to the provisions of [the executive order]". U.S. Judge Ann M. Donnelly held that the petitioners challenging the ban had a "strong likelihood of success" in establishing that their removal "violates their rights to Due Process and Equal Protection guaranteed by the United States Constitution".

The announcement is a major victory for the president, whose signature immigration policy has been stymied repeatedly by the federal courts.

The last day of the Supreme Court's term was notable not only for what was announced but also for what wasn't. "It is not about the campaign or anything else", Toobin added. The court said it will hear arguments in the case in October when it reconvenes. Given Thomas' opinion dissenting as to the scope of the stay, it is safe to say there was a high degree of consensus - if Thomas, Alito, and Gorsuch supported a broader stay, then at least five of the other six justices supported the stay the Court tailored.

So, for example, if travelers from one of those six countries have a family member in the USA, they are free to visit.

The Supreme Court is ordering new arguments in two cases involving immigrants or foreigners that will give new Justice Neil Gorsuch the tie-breaking vote.

The travel ban will remain on hold for plaintiffs who challenged the executive order and for anyone who is "similarly situated", the justices say - in other words, foreign nationals who have relatives in the US, or who plan to attend school or work here.

"The Supreme Court must decide whether it will be on the right or the wrong side of history", said Lynn.

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