SC upholds Travel Ban 5-4

[DC Tom]

14 minutes ago, B-Man said:

From the Roberts opinion:

Under the Immigration and Nationality Act, foreign nationals seeking entry into the United States undergo a vetting process to ensure that they satisfy the numerous requirements for admission. The Act also vests the Presi- dent with authority to restrict the entry of aliens whenever he finds that their entry “would be detrimental to the interests of the United States.” 8 U. S. C. §1182(f). Relying on that delegation, the President concluded that it was necessary to impose entry restrictions on nationals of countries that do not share adequate information for an informed entry determination, or that otherwise present national security risks....

By its plain language, §1182(f) grants the President broad discretion to suspend the entry of aliens into the United States. The President lawfully exercised that discretion based on his findings—following a worldwide, multi-agency review—that entry of the covered aliens would be detrimental to the national interest. And plaintiffs’ attempts to identify a conflict with other provisions in the INA, and their appeal to the statute’s purposes and legislative history, fail to overcome the clear statutory language....

Moreover, plaintiffs’ request for a searching inquiry into the persuasiveness of the President’s justifications is inconsistent with the broad statutory text and the deference traditionally accorded the President in this sphere....

 

 

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Really, it strikes me as obvious enough that I have no idea why the Supreme Court had to hear it.

[Deranged Rhino]

 

[B-Man]

And note this from the majority opinion:

Finally, the dissent invokes Korematsu v. United States, 323 U. S. 214 (1944). Whatever rhetorical advantage the dissent may see in doing so, Korematsu has nothing to do with this case. The forcible relocation of U. S. citizens to concentration camps, solely and explicitly on the basis of race, is objectively unlawful and outside the scope of Presidential authority. But it is wholly inapt to liken that morally repugnant order to a facially neutral policy denying certain foreign nationals the privilege of admission. See post, at 26–28. The entry suspension is an act that is well within executive authority and could have been taken by any other President—the only question is evaluating the actions of this particular President in promulgating an otherwise valid Proclamation. 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.” 323 U. S., at 248 (Jackson, J., dissenting).

 

 

 

Ouch. I believe this is also a formal overruling of Korematsu, since it’s signed by 5 justices. Note that FDR’s action is properly characterized here as racist.

[DC Tom]

8 minutes ago, Deranged Rhino said:

 

 

Then do your job and rewrite the legislation, you feckless !@#$.

[Paulus]

1 hour ago, Buffalo_Gal said:

We need a sarcasm tag in this forum. ?

I think we all wonder how long this "while" will be. I wonder how many times this session the 9th will be overturned. 

[GG]

3 minutes ago, DC Tom said:

 

Then do your job and rewrite the legislation, you feckless !@#$.

 

It doesn't get much simpler than this

[B-Man]

 

Quote

 

Stephen Miller‏Verified account @redsteeze 46m46 minutes ago

 

I kind of feel like 4 liberal justices ruling to uphold FDR’s internment order is newsy.

 

 

 

 

 

 

Longstanding, unquestioned Presidential authority under Article II does not simply cease to operate because the people elected Some Dumb Idiot to be President.

 

That 4 justices disagreed is something that should make people who see beyond affairs of the moment tremble.

 

 

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Edited June 26, 2018 by B-Man

[DC Tom]

Just skimmed the dissent.  In true Sotomayor fashion, it's incoherent rambling about wedding cakes for gays and "Trump was mean, we can't let him be."

[Deranged Rhino]

Justice Kennedy to retire tomorrow as well per reports...

[GG]

7 minutes ago, Deranged Rhino said:

Justice Kennedy to retire tomorrow as well per reports...

 

Get ready for that looming fight

[Deranged Rhino]

Just now, GG said:

 

Get ready for that looming fight

 

A lot of people are going to lose their minds. Also heard (though less confirmed, more rumor/gossip) that another (unnamed) justice is retiring as well. 

 

Two possible vacancies before the midterms... look out.

[GG]

4 minutes ago, Deranged Rhino said:

 

A lot of people are going to lose their minds. Also heard (though less confirmed, more rumor/gossip) that another (unnamed) justice is retiring as well. 

 

Two possible vacancies before the midterms... look out.

 

Speaking of exploding heads, if it's 2 vacancies, does Trump throw a curveball and renominate Garland? 

[Deranged Rhino]

Just now, GG said:

 

Speaking of exploding heads, if it's 2 vacancies, does Trump throw a curveball and renominate Garland? 

 

That would do it. And I wouldn't put it past him. 

 

 

******************************

 

[LeviF]

17 minutes ago, Deranged Rhino said:

Justice Kennedy to retire tomorrow as well per reports...

 

Based on his writing this term, it doesn't surprise me.  He's mailed it in.  Not in a legal writing sense, but in a "I just don't give a !@#$ anymore" sense.

[3rdnlng]

29 minutes ago, DC Tom said:

Just skimmed the dissent.  In true Sotomayor fashion, it's incoherent rambling about wedding cakes for gays and "Trump was mean, we can't let him be."

Yes, but:

 

"I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn't lived that life."

[keepthefaith]

1 hour ago, Deranged Rhino said:

 

 

Really Nancy, dangerous?

[Pine Barrens Mafia]

3 minutes ago, 3rdnlng said:

Yes, but:

 

"I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn't lived that life."

 

Wiser words have never been spoken.

 

 

[3rdnlng]

42 minutes ago, DC Tom said:

Just skimmed the dissent.  In true Sotomayor fashion, it's incoherent rambling about wedding cakes for gays and "Trump was mean, we can't let him be."

"I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn't lived that life."

[Taro T]

36 minutes ago, Deranged Rhino said:

Justice Kennedy to retire tomorrow as well per reports...

 

That would be huge.  If Trump were to continue to nominate conservative justices, that would make Roberts the swing vote should the thusfar unnamed conservative be approved.

[Azalin]

35 minutes ago, Deranged Rhino said:

 

A lot of people are going to lose their minds. Also heard (though less confirmed, more rumor/gossip) that another (unnamed) justice is retiring as well. 

 

Two possible vacancies before the midterms... look out.

 

 

If that happens, we're going to need a whole new message board to accommodate all the leftist freakouts that will ensue. How about HHH for Histrionics, Hubris, and Hyperbole ?