Supreme Court upholds Trump's travel ban

The Supreme Court has upheld President Trump's travel ban in a 5-4 decision.

Posted: Jun 27, 2018 6:29 PM
Updated: Jun 27, 2018 6:29 PM

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.

The ruling sends a strong message that Trump has broad powers under immigration law to act to protect national security and that statements made during a campaign may not be legally determinative of the President's intent.

"The Proclamation is squarely within the scope of Presidential authority," Roberts wrote.

Trump immediately reacted on Twitter:

SUPREME COURT UPHOLDS TRUMP TRAVEL BAN. Wow!

The President then called the ruling "a tremendous victory for the American People and the Constitution" and said he felt vindicated.

"This ruling is also a moment of profound vindication following months of hysterical commentary from the media and Democratic politicians who refuse to do what it takes to secure our border and our country," Trump said.

This is the third version of the travel ban. It was issued in September -- after previous bans had ricocheted through the courts -- and 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, argued that the travel ban exceeded the President's authority under immigration law as well as the Constitution. They also used Trump's statements during the campaign, when he called for a ban on travel from all Muslim-majority countries, but Roberts dismissed those concerns.

"Plaintiffs argue that this President's words strike at fundamental standards of respect and tolerance, in violation of our constitutional tradition," Roberts wrote. "But the issue before us is not whether to denounce the statements. It is instead the significance of those statements in reviewing a Presidential directive, neutral on its face, addressing a matter within the core of executive responsibility. In doing so, we must consider not only the statements of a particular President, but also the authority of the Presidency itself."

Stephen Vladeck, CNN's Supreme Court analyst and a law professor at the University of Texas School of Law, called the ruling a "big win" for the White House.

"The Supreme Court has reaffirmed the President's sweeping statutory authority when it comes to deciding who may and who may not travel to the United States, authority that both President Trump and future presidents will surely rely upon to justify more aggressive immigration restrictions," Vladeck said.

However, Vladeck noted that this was the third version of the travel ban and the administration made significant changes in response to lower-court rulings invalidating the first two iterations, including one issued one week after Trump became president in January 2017.

The Supreme Court will wrap up its term Wednesday.

Sotomayor dissent and Korematsu

Justice Sonia Sotomayor, in a blistering dissent, said the court was wrong to ignore Trump's various comments.

"The majority here completely sets aside the President's charged statements about Muslims as irrelevant," she wrote. "That holding erodes the foundational principles of religious tolerance that the court elsewhere has so emphatically protected, and it tells members of minority religions in our country 'that they are outsiders, not full members of the political community.'"

She also compared the opinion to one that came down in 1944 in which the court blessed the internment of Japanese-Americans during World War II.

Reacting to the dissent, Roberts took the unusual step to declare that the 1944 case, Korematsu v. United States, was no longer good law and was wrongly decided. It is the first time the Supreme Court has ever made this public determination.

Liberal lawmakers, groups denounce ruling

Minnesota Democratic Rep. Keith Ellison, the first Muslim elected to Congress, said Tuesday's decision "give legitimacy to discrimination and Islamophobia."

Neal Katyal, one of the lead attorneys for Hawaii in the case said although he was "disappointed" in the court's decision, he argued that the process gives him hope and called on Congress to reverse the President's travel ban.

"While we continue to believe that this third version fails that test, there is no question that by striking down the first two travel bans, the judiciary forced a recalcitrant administration to at least give its order the veil of constitutionality," Katyal said in a statement Tuesday. "We continue to believe, as do four dissenting justices, that the travel ban is unconstitutional, unprecedented, unnecessary and un-American."

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."

Democratic National Committee chair Tom Perez said, "Discrimination is not a national security strategy, and prejudice is not patriotism. Let's call this ban for what it is: an outright attack on the Muslim community that violates our nation's commitment to liberty and justice for all."

Congressional Republicans applauded the court's decision, arguing that it was a win for national security and dismissing the accusations that it is a ban on Muslims entering the United States.

Republican Sen. Lindsey Graham of South Carolina said he was "pleased."

"As I stated when the new Executive Order was issued, it is not a religious ban," Graham said on Twitter. "The order was focused on countries that are in true states of disarray and would have great difficulty vetting to ensure terrorists are not coming into the United States."

This story is breaking and will be updated.

Minnesota Coronavirus Cases

Data is updated nightly.

Confirmed Cases: 38136

Reported Deaths: 1508
CountyConfirmedDeaths
Hennepin12329786
Ramsey4855227
Stearns236119
Dakota233090
Anoka2200109
Nobles16686
Olmsted112415
Washington108240
Mower9512
Rice8427
Scott7154
Clay58738
Kandiyohi5731
Blue Earth4702
Wright4655
Todd4012
Carver3761
Lyon3122
Sherburne3125
Freeborn2920
Steele2311
Watonwan2240
Benton2153
St. Louis17815
Martin1685
Nicollet16612
Cottonwood1360
Goodhue1308
Winona12415
Crow Wing10612
Pine1030
Le Sueur1001
Chisago981
Otter Tail931
McLeod910
Carlton870
Dodge860
Polk812
Chippewa791
Unassigned7737
Isanti720
Waseca680
Douglas640
Itasca6412
Murray630
Meeker611
Morrison591
Becker560
Faribault560
Jackson550
Sibley542
Pennington510
Pipestone442
Renville352
Mille Lacs342
Wabasha330
Rock310
Beltrami300
Brown302
Fillmore300
Yellow Medicine300
Houston250
Swift211
Norman200
Wilkin203
Redwood180
Roseau160
Aitkin150
Cass152
Koochiching151
Wadena150
Big Stone140
Kanabec141
Marshall120
Grant110
Lincoln100
Pope100
Mahnomen81
Clearwater70
Hubbard60
Lake60
Traverse60
Lac qui Parle40
Stevens40
Red Lake30
Kittson20
Cook10
Lake of the Woods00

Iowa Coronavirus Cases

Data is updated nightly.

Confirmed Cases: 31430

Reported Deaths: 720
CountyConfirmedDeaths
Polk6578179
Woodbury324144
Black Hawk228758
Buena Vista171211
Johnson12928
Dallas128129
Linn127782
Marshall104919
Scott79810
Story7753
Pottawattamie72611
Wapello70830
Dubuque69922
Crawford6782
Muscatine63844
Sioux4720
Tama46529
Wright3841
Louisa36113
Jasper32417
Plymouth3225
Warren2861
Dickinson2672
Washington2409
Webster2192
Hamilton1881
Cerro Gordo1781
Boone1481
Clay1340
Clarke1312
Allamakee1284
Mahaska11617
Clinton1131
Shelby1130
Poweshiek1058
Carroll981
Pocahontas961
Bremer946
Des Moines902
Franklin900
Emmet870
Henry863
Cedar841
Taylor790
Monona760
Cherokee751
Floyd752
Hardin750
Marion700
Benton671
Guthrie664
Sac640
Jefferson630
Osceola610
Jones580
Butler552
Hancock540
Humboldt541
Lee542
Harrison530
Buchanan521
Delaware511
Iowa510
Monroe516
Fayette500
Calhoun492
Madison472
Clayton443
Lyon440
Palo Alto410
Davis401
Grundy380
Winneshiek380
Mills370
Mitchell370
Kossuth350
Howard340
Jackson320
Chickasaw310
Lucas314
Greene290
Union280
Winnebago280
Ida240
Cass220
Keokuk211
Van Buren210
Appanoose203
Page200
Worth190
Audubon161
Unassigned160
Adair150
Ringgold150
Decatur110
Montgomery102
Wayne100
Adams80
Fremont70
Rochester
Clear
72° wxIcon
Hi: 87° Lo: 68°
Feels Like: 72°
Mason City
Clear
70° wxIcon
Hi: 89° Lo: 69°
Feels Like: 70°
Albert Lea
Clear
70° wxIcon
Hi: 86° Lo: 69°
Feels Like: 70°
Austin
Clear
72° wxIcon
Hi: 87° Lo: 68°
Feels Like: 72°
Charles City
Clear
72° wxIcon
Hi: 88° Lo: 69°
Feels Like: 72°
Hot, sticky, and stormy
KIMT Radar
KIMT Eye in the sky

Latest Video

Image

How did businesses do on the 4th of July with tourism

Image

Stewartville's Will Tschetter commits to Michigan

Image

Covid-19 concerns, Rochester Boys and Girls Club temporarily closes

Image

Looking at the Role of School Resource Officers

Image

Seans 4pm Weather 7/6

Image

Treasury Department unveils relief loans

Image

Mandatory Mask Mandate for Rochester

Image

Approving Cares Act Funding

Image

Mountain Bike Trail System Being Developed

Image

Seans 6am Weather 7/6

Community Events