4A
THE DAILY ASTORIAN • TUESDAY, JUNE 26, 2018
Supreme Court upholds Trump travel ban
Justices reject
claims about
discrimination
By MARK SHERMAN
Associated Press
WASHINGTON — A
sharply divided U.S. Supreme
Court today upheld President
Donald Trump’s ban on travel
from several mostly Muslim
countries, rejecting a chal-
lenge that it discriminated
against Muslims or exceeded
his authority. A dissenting jus-
tice said the outcome was a
historic mistake.
The 5-4 decision is a big
victory for Trump on an issue
that is central to his presidency,
and the court’s first substan-
tive ruling on a Trump admin-
istration policy. The president
quickly tweeted his reaction:
“Wow!”
Chief Justice John Roberts
wrote the majority opinion for
the five conservative justices,
including Trump nominee Neil
Gorsuch.
Roberts wrote that presi-
dents have substantial power
to regulate immigration. He
also rejected the challengers’
claim of anti-Muslim bias.
But he was careful not
to endorse either Trump’s
provocative statements about
immigration in general or
Muslims in particular, includ-
ing Trump’s campaign pledge
to keep Muslims from entering
the country.
“We express no view on the
soundness of the policy,” Rob-
erts wrote.
The travel ban has been
fully in place since Decem-
ber, when the justices put the
brakes on lower court rulings
that had ruled the policy out of
bounds and blocked part of it
from being enforced.
In a dissent she summa-
rized in court, Justice Sonia
Sotomayor said, “History will
not look kindly on the court’s
misguided decision today,
nor should it.” Justices Ste-
phen Breyer, Ruth Bader Gins-
burg and Elena Kagan also
dissented.
Sotomayor wrote that
based on the evidence in the
case “a reasonable observer
would conclude that the proc-
lamation was motivated by
anti-Muslim animus.” She said
her colleagues in the majority
arrived at the opposite result
by “ignoring the facts, mis-
construing our legal precedent
and turning a blind eye to the
pain and suffering the procla-
mation inflicts upon countless
families and individuals, many
of whom are United States
citizens.”
She likened the case to the
discredited Korematsu v. U.S.
decision that upheld the deten-
tion of Japanese-Americans
during World War II. Rob-
erts responded in his opinion
that “Korematsu has nothing
to do with this case” and “was
gravely wrong the day it was
decided.”
The travel ban was among
the court’s biggest cases this
term and the latest in a string
of 5-4 decisions in which the
conservative side of the court,
bolstered by the addition of
Gorsuch last year, prevailed.
Gorsuch was nominated by
Trump after Republicans in the
U.S. Senate refused to grant
a hearing to federal appeals
Judge Merrick Garland, who
was appointed by Barack
Obama with more than 10
months remaining in Obama’s
term.
The Trump policy applies
to travelers from five countries
with overwhelmingly Muslim
populations — Iran, Libya,
Somalia, Syria and Yemen.
It also affects two non-Mus-
lim countries, blocking trav-
elers from North Korea and
some Venezuelan government
officials and their families. A
sixth majority Muslim coun-
try, Chad, was removed from
the list in April after improving
“its identity-management and
information sharing practices,”
Trump said in a proclamation.
The administration had
pointed to the Chad decision
to show that the restrictions
are premised only on national
security concerns.
The challengers, though,
argued that the court could
not just ignore all that has
happened, beginning with
Trump’s campaign tweets to
prevent the entry of Muslims
into the United States.
The travel ban has long
been central to Trump’s
presidency.
He proposed a broad,
all-encompassing Muslim ban
during the presidential cam-
paign in 2015, drawing swift
rebukes from Republicans as
well as Democrats. And within
a week of taking office, the
first travel ban was announced
with little notice, sparking
chaos at airports and protests
across the nation.
While the ban has changed
shape since then, it has
remained a key part of Trump’s
“America First” vision, with
the president believing that
‘History will not look kindly
on the court’s misguided
decision today, nor should it.’
Justice Sonia Sotomayor
an excerpt from the justice’s dissent
the restriction, taken in tandem
with his promised wall at the
southern border, would make
the Unites States safer from
potentially hostile foreigners.
In a statement he released
this morning, Trump hailed
the decision as “a moment of
profound vindication” fol-
lowing “months of hysterical
commentary from the media
and Democratic politicians
who refuse to do what it takes
to secure our border and our
country.”
Strongly disagreeing, Dem-
ocratic U.S. Rep. Keith Elli-
son of Minnesota said, “This
decision will someday serve
as a marker of shame.” Elli-
son, the first Muslim elected to
Congress, and U.S. Sen. Mazie
Hirono of Hawaii, who was
born in Japan, both compared
the ban and the ruling to the
internment of Japanese-Amer-
icans during World War II.
Critics of Trump’s ban had
urged the justices to affirm the
decisions in lower courts that
generally concluded that the
changes made to the travel pol-
icy did not erase the ban’s legal
problems.
The current version dates
from last September and it fol-
lowed what the administration
has called a thorough review
by several federal agencies,
although no such review has
been shared with courts or the
public.
Federal trial judges in
Hawaii and Maryland had
blocked the travel ban from
taking effect, finding that the
new version looked too much
like its predecessors. Those
rulings that were largely
upheld by federal appeals
courts in Richmond, Virginia,
and San Francisco.
But the Supreme Court
came to a different conclusion.
The policy has “a legitimate
grounding in national security
concerns,” and it has several
moderating features, including
a waiver program that would
allow some people from the
affected countries to enter the
U.S., Roberts said. The admin-
istration has said that 809 peo-
ple have received waivers
since the ban took full effect in
December.
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