Supreme Court upholds President Donald Trump’s travel ban
WASHINGTON — The Supreme Court has upheld President Donald Trump’s travel ban.
The ruling was 5-4 along partisan lines, with Chief Justice John Roberts writing for the conservative majority.
More than a year after Trump stunned the world and caused chaos in the airports by restricting travel from several Muslim majority countries, the Supreme Court approved the legality of the third version of the ban. The Supreme Court allowed it to go into effect last December pending appeal.
Travel Ban 3.0 was issued in September — after previous bans had ricocheted through the courts — and is a Presidential Proclamation officially titled “Enhancing Vetting Capabilities and Processes for Detecting attempted Entry into the United States by Terrorists or other Public-Safety threats.”
It was signed on the recommendation of the secretary of Homeland Security and the attorney general after the administration completed a worldwide review as to the vetting procedures of several countries. It restricts entry from seven countries to varying degrees: Iran, North Korea, Syria, Libya, Yemen, Somalia and Venezuela. Chad was originally on the list but it was recently removed after having met baseline security requirements.
Challengers, including the state of Hawaii, argue the proclamation exceeds the President’s authority under immigration law as well as the Constitution. They say there was no national security justification for the ban and that during the campaign the president demonstrated animus when he called for a so-called “Muslim ban.”
The administration contends, however, that the President acted in accordance with the law and his executive power to protect national security.
Solicitor General Noel Francisco emphasized to the justices that this is “not a so-called Muslim ban.”
“It excludes the vast majority of the Muslim world,” he said, and added that the presidential order was based on “neutral” criteria and crafted after a “multi-agency review” of vetting procedures around the world.