The Supreme Court Ignores the Reality of President Trump’s Discriminatory Muslim Ban

The Supreme Court today rejected the challenge to President Trump’s Muslim Ban. In its 5-to-4 decision, the court failed to make good on principles at the heart of our constitutional system — including the absolute prohibition on official disfavor of a particular religion. The fight against the ban will continue, but the court’s decision is devastating. History will not be kind to the court’s approval of an unfounded and blatantly anti-Muslim order. 

By now the story of this shameful policy is familiar. During his campaign, Trump issued a statement calling for “a total and complete shutdown of Muslims entering the United States” — which remained on his website until well into his term in office. That was hardly a stray comment. Rather, over and over, both before and after the election, Trump expressed his animus for Islam and Muslims and tied that animus to his proposed immigration ban. 

Just one week into office, Trump attempted to make good on the campaign promise, issuing a sweeping ban on over a hundred million Muslims without even consulting the government’s national security experts. Courts rejected that first version as well as the order the administration crafted to replace it. Finally, those temporary measures were replaced by the current proclamation, which likewise bans over 150 million people — approximately 95 percent of them Muslim. As Justice Sotomayor explained in her dissenting opinion, Trump’s consistent messages and actions paint a “harrowing picture, from which a reasonable observer would readily conclude that the Proclamation was motivated by hostility and animus toward the Muslim faith.” 

Nonetheless, the court today rejected the constitutional challenge to the ban. Applying deference to the president despite the evidence presented, the court explained that it would “uphold the policy so long as it can reasonably be understood to result from a justification independent of unconstitutional grounds.” The court then concluded based on the record in the case that the ban had “a legitimate grounding in national security concerns, quite apart from any religious hostility.” 

As Justice Sotomayor cogently explained, the majority could reach this conclusion only by “ignoring the facts, misconstruing our legal precedent, and turning a blind eye to the pain and suffering the Proclamation inflicts upon countless families and individuals.”  In this respect, as she noted, the case repeats some of the worst mistakes the court has made in the past.  In particular, the parallels to Korematsu v. United States, the court’s 1944 decision upholding the incarceration of Japanese-Americans, are striking.  

As in that case, the court today paid lip service to the vital constitutional values at stake, but it willfully ignored the reality of the situation. The majority today repudiated Korematsu, saying it “was gravely wrong the day it was decided.” But as Justice Sotomayor pointed out, then, as now, it was clear to those willing to look at the evidence that the government’s policy was not about safety but prejudice: 

“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.”

Today’s decision is devastating. Whatever the court may have intended, the message it relays to Muslim communities around the country and around the world is that our Constitution tolerates transparent discrimination and animus against Islam. It undermines our standing to encourage tolerance and pluralistic democracy abroad, and it reinforces the intended message that Muslims — and immigrants, people of color, LGBT communities, and other marginalized groups — are not welcome in Trump’s America.

But this fight is not over.  

Indeed, the greatest repudiation of Trump’s anti-Muslim policy to date was not delivered by any court. Instead, it was delivered by thousands of people spontaneously coming together at airports across the country to declare that we will not stand for hatred and discrimination.  

Tell Congress to rescind the Muslim Ban

In that spirit, we all need to redouble our efforts to organize, protest, and push Congress to end the ban once and for all. This is a painful setback, but the struggle for a free, equal, and inclusive America will continue.

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This decision is pathetic. The Korematsu decision was wrong and it was during WWII. Today, we are not even in a war situation, and the court abdicated its responsibility to hold the president accountable to provide solid justification for such a ban and the president cannot provide that. History has already proven this decision is wrong.


The law, as written by Congress, does not say that bans for national security must be approved by the Judicial Branch. Trump's ban is in accordance with the law. The courts can't tell one person that they can't act in accordance with the laws. They can rule a law is Unconstitutional but they can't say that one person can't act in accordance with a law that's still on the books. It would be a mess if people had to go to court to find out if they could do things the laws say they can.

Dr. Timothy Leary

If you don't like it go back to Dirkastan.


What a nightmare this country is turning into.


The point here is, we have to stop this government in a way that doesn't rely on consequences from this year long investigation, which looks like its not making Trump accountable legally whilst he is president.


What's being ignored is the fact that the countries not in trump's list are those Muslim countries where he has business interests. Saudi Arabia, home to 15 of the 9/11 terrorists, and where trump got eight business licenses during the campaign. Indonesia. UAE. ONLY THOSE COUNTRIES WHERE TRUMP HAS NO BUSINESSES WERE LISTED ON THIS BAN.


You people have a lot of time on your hands. Get a job, contribute to society and make America Great Again


this whole - we are not that nation - is crap
WE CONTROL OUR BORDERS - not illegals demanding free crap.
I find the level of stupidity in the arguments that they illegals should get / garner special favorite status - over any other group of immigrants absolutely racist.
But i have a greencard - and YOU KNOW WHAT - IT WASN'T HARD DIDN'T TAKE A DECADE (cause I didn't break laws - hide crimes and lie on my application- so excuse me if I have and bring a perspective that knows there problems - but the lefitst lies and rants on waiting is just that - rhetoric and not true for 90% of the immigrants with greencards...


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