Unanimous Decision: Supreme Court Reinstates Trump’s Travel Ban

The Supreme Court filed a preliminary ruling on President Donald Trump's travel ban today. While a formal verdict won't come until the court reconvenes in the fall, the bench announced that the travel ban can be enacted in the interim.

In a per curiam opinion, the Court partially stayed the injunctions blocking enforcement of executive order 13,780:

“We now turn to the preliminary injunctions barring enforcement of the §2(c) entry suspension. We grant the Government’s applications to stay the injunctions, to the extent the injunctions prevent enforcement of §2(c) with respect to foreign nationals who lack any bona fide relationship with a person or entity in the United States. We leave the injunctions entered by the lower courts in place with respect to respondents and those similarly situated, as specified in this opinion.”

The Court wrote that the lower court injunctions, even accepting the First Amendment arguments against the order as likely to succeed, went too far:

“[T]he injunctions reach much further than that: They also bar enforcement of §2(c) against foreign nationals abroad who have no connection to the United States at all. The equities relied on by the lower courts do not balance the same way in that context. Denying entry to such a foreign national does not burden any American party by reason of that party’s relationship with the foreign national.”

But the opinion did make one change to the ban. Those with a “bona fide relationship” to someone within the United States can not be categorically denied entry, according to the court.

Neil Gorsuch and Clarence Thomas challenged that change in an opinion that argued the ban should not have been altered from its original form, claiming that a “bona fide relationship” is too vague to be applied by law.

Regardless, the decision to reinstate the ban, made per curiam — or in unanimous agreement — may signal an easy win for the case in the fall. For now, however, the decision is not just a win for the Trump administration. It's also a high-profile rebuke of judicial activism from a court system overrun by overreaching jurists.

Source: Breitbart









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