Although not everything President Trump or conservatives were hoping for, The Supreme Court decision on Monday, June 26 goes a long way in giving back the majority of the President's Executive order on banning travel by foreign nationals from countries with links to terrorism and securing our country’s borders.
The Supreme Court’s action represents a significant setback for immigration rights and civil liberties groups that had stopped two executive orders through legal action. The president's frustrating and what many feel were needles battles with the lower federal courts over this serious immigration issue have now been temporarily reinstated, at least in part and reasserts the Presidential authority over immigration and national security.
This initial “action” as it is being referred to by those on the left was written without an author, but with a partial dissent from Justices Clarence Thomas, Samuel Alito and Neil Gorsuch, who would have allowed the ban to apply to all travelers; giving at least the perception that the conservative members of the Supreme Court don’t see the President’s executive order as tough enough.
"The government's interest in enforcing (the ban), and the executive's authority to do so, are undoubtedly at their peak when there is no tie between the foreign national and the United States," the court said.
SCOTUS also emphasized the ban "may not be enforced against foreign nationals who have a credible claim of a bona fide relationship with a person or entity in the United States."
The revised travel ban, with the SCOTUS limitations, has already gone into effect (limitedly), based on a memorandum recently signed by the president. It allows travelers with green cards and visas to continue entering the U.S., but still forbids all refugees. That means some refugees may get stuck, but nowhere near the number of people ensnared by the first ban.
The bottom line is that for now, the President’s constitutional authority via executive order has been reaffirmed by the highest court in the land; even if only temporary.
The Supreme Court has scheduled to hear the full case in October which will allow a more in-depth review by the court of both sides in making a final decision.
© 2017 The Outlaw Observer and Opinion