Supreme Court Upholds Trump's Travel Ban, Overrules Korematsu
In a 5-4 decision today, the Supreme Court upheld Trump's odious travel ban. (Opinion is here).
A positive note in the ruling: It finally overrules the Court's ruling in Korematsu v. U.S approving Japanese interment camps. [More...]
The Supreme Court has blinders on. By holding Trump's campaign remarks are not evidence of his discriminatory intent behind the travel ban, the ruling gives Trump a license to publicly spew whatever he wants with no consequences. During his election campaign, Trump specifically promised to ban Muslims from entering the country and relied on Korematsu as precedent:
“I’m calling, very simply, for a shutdown of Muslims entering the United States,” Donald J. Trump said on Dec. 8, 2015. It was early in his presidential campaign, and he was saying that sort of thing all the time. On this occasion, though, he also cited a historical precedent. “Take a look at what F.D.R. did many years ago,” Mr. Trump said. “He did the same thing.”
President Franklin D. Roosevelt signed a 1942 executive order that sent more than 110,000 people of Japanese ancestry to internment camps.
How Korematsu came up in today's opinion. Justice Sotomayor was not fooled by Trump. In her dissent, she compared Trump's travel ban to court's opinion in Korematsu
By blindly accepting the government’s misguided invitation to sanction a discriminatory policy motivated by animosity toward a disfavored group, all in the name of a superficial claim of national security, the court redeploys the same dangerous logic underlying Korematsu and merely replaces one ‘gravely wrong’ decision with another.
Justice Roberts, writing for the majority, responded to Sotomayor's dissent.
The dissent’s reference to Korematsu, however, affords this Court the opportunity to make express what is already obvious: Korematsu was gravely wrong the day it was decided, has been overruled in the court of history,and—to be clear—“has no place in law under the Constitution.
But putting the official death knell to Korematsu doesn't have much meaning when the Court at the same time refused to kill Trump's discriminatory travel ban. Hiroshi Motomura, a law professor at UCLA and immigration expert says it's really a symbolic gesture.
“Overruling Korematsu the way the court did in this case reduces the overruling to symbolism that is so bare that it is deeply troubling, given the parts of the reasoning behind Korematsu that live on in today’s decision: a willingness to paint with a broad brush by nationality, race, or religion by claiming national security grounds,” he said.
Via CNN, the ACLU on today's ruling:
The American Civil Liberties Union also strongly condemned the court's ruling, writing on Twitter that "this is not the first time the Court has been wrong, or has allowed official racism and xenophobia to continue rather than standing up to it."
Omar Jadwat, director of the ACLU's Immigrants' Rights Project, said in a statement that the court's "ruling will go down in history as one of the Supreme Court's great failures."
The makeup of the Supreme Court matters. Federal and Supreme Court judicial appointments are for life. Appointed judges can sit for generations. This isn't just about us. It's about our children and their children.
The way to reverse Donald Trump's policies is to to ensure a Democrat wins in 2020. Elections matter. Trump has had his reelection campaign in place for months (run by the former website builder hand-picked by Jared Kushner to run Trump's digital media campaign in 2016, with an assist from Trump's remaining daughter-in-law.) The campaign touts his record on immigration.
Memo to the Dems: Yes, the mid-term elections are important, but don't put all your eggs in that basket. Agree on a nominee for 2020 early. Don't be fooled that time is on your side. As for those potential candidates sitting on the fence until the mid-terms are over, you need to get cracking now.
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