Opinion: Supreme Court greenlights shuttering of America
Michael Knigge
Commentary
June 26, 2018
The Supreme Court's ruling to uphold Donald Trump's controversial travel ban is wrong and will only fuel the president's nativist agenda. But the ruling also holds another message, argues Michael Knigge.
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Ever since the Supreme Court overruled lower courts and allowed the third iteration of President Trump's travel ban to go into effect last December it could be assumed that it would ultimately uphold the controversial move.
That the court finally did so on Tuesday therefore does not come as a big surprise. That does not make the Supreme Court's decision any less troubling.
On a practical level it deals a serious blow to the residents of the countries affected by the ban. But more broadly and more importantly, it validates President Trump's anti-immigrant and anti-Muslim vision as accepted reality — albeit cloaked by national security arguments and the inclusion of two non-Muslim majority countries, North Korea and Venezuela.
Still, the message that is being sent to Americans and the world by the greenlighting of the travel ban — particularly at a time when Trump's draconian anti-immigrant stance had just reached a new peak with his child separation policy — is unmistakable.
License for Trump
Regardless of whether Trump's wall will ultimately be built or not, the US is shuttering its doors to the world. It's saying that potential immigrants, particularly if they are Muslim or Hispanic, present a danger to the US and should be kept out. Such a stance is an abdication of America's traditional vision of itself as a nation of immigrants and will only fuel already existing nativist sentiments. It will also surely be understood by President Trump as license to continue his utterly anti-American anti-immigrant stance.
That the Supreme Court along partisan lines in a narrow 5-4 vote chose to ignore Donald Trump's repeatedly stated calls for a "total and complete shutdown of Muslims entering the United States," concluding instead that his directive was neutral and within his presidential power, is shameful. As Justice Sonia Sotomayor rightly wrote in her dissent, it goes against the principle of religious tolerance routinely held up by Republicans. It also fails to curb excessive executive power.
Success and limits of judicial checks
Trump travel ban: A timeline
President Donald Trump's attempts to curb immigration from eight countries, six of them majority Muslim, went through three iterations and numerous legal challenges. DW looks at the history of the controversial laws.
Image: picture-alliance/AP Photo/V. Salemi
Travel ban 1.0
As one of his first acts in office, President Donald Trump signed executive order 13769 on January 27, 2017. Referred to as the "Muslim ban," it barred entry into the US for most people from Iraq, Iran, Libya, Somalia, Sudan and Yemen for 90 days. It also halted entry for refugees from the Syrian conflict indefinitely, and placed a 120-day moratorium on refugees entering from all other nations.
Image: picture-alliance/AP Photo/V. Salemi
Immediate protest
By the thousands, people flocked to major US international airports, including JFK in New York and LAX in Los Angeles to protest what they saw as open Islamophobia. International leaders, US diplomats, Catholic bishops, Jewish organizations, Nobel laureates and UN officials all decried the measure.
Image: Reuters/T. Soqui
Dozens of lawsuits
About 50 lawsuits against the ban were launched following its announcement. Just two days later, a judge in New York issued a temproary injunction. Then on February 9, 2017, a federal judge in the state of Washington issued a nationwide temporary restraining order against the rule. The government filed an appeal, but it was rejected by the Court of Appeals for the Ninth Circuit.
Image: Getty Images/J. Sullivan
Travel ban 2.0
In response to legal challenges, on March 6, 2017, Trump signed what he called a "watered down, politically correct version" of his previous travel ban. The new ban allowed permanent residents of the US to travel back and forth to visit their families and permitted travel to those who had already been granted visas but had not yet arrived in the US, a group hit particularly hard by the first ban.
Image: Reuters/C. Barria
More legal challenges
On March 15, a federal judge in Hawaii issued a temporary restraining order against the new law, the same day a federal judge in Maryland came to a similar conclusion. In early June, the Trump administration filed an appeal. On June 26, US Supreme Court decided to partially lift injunctions against the ban as it waited to hear oral arguments against these injunctions in October 2017.
Image: Getty Images/M. Wilson
Third try
In September 2017, Trump responded to criticism that his travel bans purposely targeted only Muslims by removing Iraq and Sudan from the list and adding non-Muslim majority nations such as Venezuela and North Korea. Though it did add mostly-Muslim Chad. In December, the Supreme Court allowed the ban to stand until it made its final decision on the case.
Image: picture alliance/AP Images/A. F. Yuan
Ban stands
On June 26, 2018, the Supreme Court decided 5-4 (along conservative/liberal lines) to let the ban stand. In the majority opinion, Chief Justice John Roberts made it clear that the court was not ruling on the "soundness" of the policy, but that the president had "set forth a sufficient national security justification." Protestors gathered on the court's steps comforted one another after the ruling.
Image: Reuters/L. Millis
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This outcome is also significant because it shows the limits of judicial checks on President Trump. When, one week after his inauguration, Trump issued a broad and sloppily written executive order banning travelers from mostly Muslim countries — including US legal residents — US courts swiftly struck it down. They did so again with a second, slightly improved version.
But when the Trump administration's third iteration of the travel ban finally made its way to the Supreme Court, it was watered down enough and written in a way that it would likely pass muster with the conservative majority of the judges — including the court's newest and, in this case, decisive member, Neil Gorsuch, a Trump appointee.
That's why there is still another message to be gleaned from this Supreme Court validation of this president's anti-immigrant and anti-Muslim vision of America: Elections matter.