WASHINGTON — The U.S. Supreme Court upheld President Donald Trump’s travel ban in a 5 to 4 decision that split along partisan lines with the conservative justices in the majority.
The ruling, written by Chief Justice John Roberts, said that Trump’s executive order, which targeted mostly Muslim-majority countries, was “squarely within the scope of Presidential authority” under federal immigration law.
Roberts wrote that the Trump administration provided a “sufficient national security justification” when implementing the travel restrictions. He added: “We express no view on the soundness of the policy.”
The U.S. Supreme Court issued its much anticipated ruling on Trump’s travel ban.
Cory Lum/Civil Beat
Justices Anthony Kennedy, Clarence Thomas, Samuel Alito and Neil Gorsuch joined Roberts in the majority, with Kennedy and Thomas writing concurring opinions.
Liberal justices Stephen Breyer and Sonia Sotomayor each wrote dissenting opinions, with Elena Kagan signing on with Breyer and Ruth Bader Ginsburg joining Sotomayor.
In their dissents the justices wrote that they believed the travel ban showed religious bias.
“A reasonable observer would conclude that the proclamation was motived by anti-Muslim animus,” Sotomayor wrote.
The case stems from Trump’s various attempts to block people from seven Muslim-majority countries from entering the U.S.
His first executive order, issued on Jan. 27, 2017 targeted travellers from Iran, Iraq, Libya, Somalia, Sudan and Yemen. People from Syria faced even harsher restrictions, including an indefinite ban on refugees.
The order sparked nationwide protests at airports and legal action, including from state governments and the American Civil Liberties Union.
Hawaii — where one in five residents is foreign born — was one of the first states to mount a legal challenge, and has been at the forefront ever since.
Opponents of the ban, including Hawaii, have argued that the order and its subsequent iterations were a violation of immigration law and amounted to religious discrimination.
Trump and his administration have held that the ban was necessary for national security.
The lower courts blocked each version of the ban, including the latest one which targeted Iran, Libya, Somalia, Syria, Yemen, North Korea, Venezuela and Chad. But the conservative-leaning Supreme Court allowed the ban to take effect while the legal challenges played out.
During oral arguments in April, the Supreme Court justices signaled their support for the policy, indicating that the president has broad power when it comes to allowing foreigners into the country.
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