Supreme Court hears arguments on Trump travel ban

There's a rationale for overturning Trump's travel ban to fit every justice's taste

The third version is the one under scrutiny at the Supreme Court this week.

White House press secretary Sarah Huckabee Sanders is arguing that the Trump administration's travel ban "is working" and is needed to continue to safeguard the nation.

Legal experts say the court is usually loathe to rule on executive powers. Sanders says if the ban were eliminated, "the United States may be forced to unsuspectingly allow risky criminals or terrorists into the country".

As a result, the measure is now even more expansive than the first ban, and prevents as many as 100 million people around the world from traveling to the United States based on their country of origin. It included Iran, Yemen, Somalia, Libya, and Syria and added Chad, another predominantly Muslim country.

Finally, Trump's lawyers ask the court to decide whether the district judge's order in Hawaii that blocked the travel ban nationwide was too broad.

Possibly, if the fate of his travel ban or any of host of other legal challenges facing him and his administration turns on his tweets. Demonstrators protesting the ban filled the area outside the building. But that issue was raised only obliquely from the bench when Justice Elena Kagan talked about a hypothetical president who campaigned on an anti-Semitic platform and then tried to ban visitors from Israel.

The fact that the travel ban is targeted against Muslims and is aimed at whipping up anti-immigrant and anti-Muslim chauvinism is understood both among its supporters-including the fascist Daily Stormer and Breitbart News-as well as its opponents in the overwhelming majority of the United States and world population.

Sotomayor said she was unimpressed with the claim that the travel ban came from a multi-agency review and not exclusively from the president.

"We don't have those, Your Honor", Francisco replied.

1182f of the U.S. code provides executive authority to exclude aliens or deny them entry into the U.S. The State of Hawai'i, including several individuals and a Muslim Group, challenged the President's travel ban for immigrants, refugees and visa holders from Iran, Libya, Somalia, Syria and Yemen.

Netanyahu accuses Iran of sending combat drones to attack Israel
Zarif "is a foreign minister of a country that sent armed drones into Israel and fired missiles at Saudi Arabia", Netanyahu said. We will not shy away from the price and we will exact a price from those who want to hurt us.

Liberal Justice Stephen Breyer asked U.S. Solicitor General Noel Francisco, representing the administration, for assurances the waiver process was more than "window dressing". "This is not a so-called Muslim ban". However, neither Justice seemed receptive to Katyal's arguments against the ban. He said the policy's call for a report every six months "indicates there'll be a reassessment" from time to time. Francisco told the justices they shouldn't look at those campaign statements.

At one point, Kennedy disagreed, saying that campaign statements were not "irrelevant" in judging the actions of an elected official.

The court will consider the third iteration of Trump's travel ban, issued last fall, which barred various travelers from eight countries, six of them with Muslim majorities.

Justice Samuel A. Alito rejected the notion Trump's order could be considered a "Muslim ban", noting it does not apply to most of the largest Muslim nations.

The U.S. Court of Appeals for the 4th Circuit struck down the ban on the constitutional question.

Both times, the court narrowly upheld the president's initiatives, but with limits.

The third version must be judged on the basis of the "context of the investigation and analysis that the agencies acting on the president's behalf have completed, the consultation that has taken place between the president and his advisers, and the logical conclusions and rationale for the proclamation that are documented therein". That brought immediate turmoil as travelers were stopped at airports and some were detained for hours.

Courts in several states found the measure was illegal and did so again in March 2017 after the Trump administration slightly amended the original order, with Iraq dropped from the list. This proclamation is about what it says it's about: "foreign policy and national security and we would ask that you reverse the court below".

The challengers have said that Trump is flouting immigration law by trying to keep more than 150 million people, the vast majority of them Muslim, from entering the country. But the proclamation also discriminates against travelers due to their religion, which violates the Constitution, Katyal wrote.

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