RUTHFULLY YOURS

In one of the last decisions of its term, the U.S. Supreme Court dealt a clear rebuke to politicized lower courts. The justices’ unanimous ruling in Trump v. International Refugee Assistance Project upholds both the integrity of the judiciary and the Supreme Court’s own authority.

The case came to the justices from two federal appellate courts. They had upheld trial judges’ orders halting enforcement of President Trump’s “travel ban” executive order, which temporarily limits entry to the U.S. by nationals from six countries. The court will hear the appeal on the merits in October. On Tuesday it held unanimously that the executive order can be immediately enforced, with narrow exceptions, until they address the merits of these cases in the fall.

The challenges to the order claimed it violated the First Amendment’s protection of religious freedom and exceeded the president’s authority under immigration law. Both the substance and tone of these decisions created an unmistakable impression that a portion of the judiciary has joined the anti-Trump “resistance.” Not only did the lower-court judges defy clear and binding Supreme Court precedent, they based much of their legal analysis, incredibly, on Candidate Trump’s campaign rhetoric.

The high court didn’t rule entirely in the administration’s favor. By a 6-3 vote, with Justices Clarence Thomas, Samuel Alito and Neil Gorsuch dissenting, it held that the individuals who originally challenged the order could continue to do so, as could a carefully defined class of “similarly situated” persons with “close familial” relationships to individuals in the United States, along with institutions that can show a “formal, documented, and formed in the ordinary course” relationship to a U.S. entity.

That, the court specifically cautioned, is not an invitation for evasion by immigration advocates: “For example, a nonprofit group devoted to immigration issues may not contact foreign nationals from the designated countries, add them to client lists, and then secure their entry by claiming injury from their exclusion.”

That exception, Justice Thomas noted for the dissenters, was a “compromise”—most likely the product of Chief Justice John Roberts’s effort to achieve a unanimous decision. Given the circumstances, this was a good outcome. It lends the imprimatur of the full court to the rebuke of the lower courts, and avoids the kind of partisan split that prevailed in both the Fourth and Ninth Circuit Courts of Appeals. All nine justices are also now on record supporting the proposition that the vast majority of foreign nationals cannot claim a constitutional right to enter the United States.

When the court reviews the merits of the case in the fall, however, such considerations will be out of place. While courts can adjudicate cases involving immigration and other foreign affairs issues, judicial engagement in this space is fundamentally different than in domestic affairs. In an area of decision-making that involves both institutional knowledge of international affairs and continuous access to classified information, great deference is in order from the courts. If the courts wade into this area, they would undermine both national security and respect for the judiciary. The perception that judging is swayed by political or ideological considerations would be particularly calamitous in this area. Better a 5-4 decision articulating this view clearly than a unanimous but equivocal one.

The odds of a clear outcome are good. As Justice Thomas pointed out, his colleagues’ “implicit conclusion” is that the administration is likely to prevail on the merits. The high court’s own precedent in this area is clear. Nonresident aliens have no constitutional right to enter the U.S. When denying entry, the president need only provide a “facially legitimate and bona fide” justification. As the court held in Kleindienst v. Mandel (1972), once that justification is established, there is no further inquiry or balancing for the courts to make. CONTINUE AT SITE

This weekend, at a lesbian march in Chicago, three women carrying Jewish pride flags — rainbow flags embossed with a Star of David — were kicked out of the celebration on the grounds that their flags were a “trigger.” An organizer of the Dyke March told the Windy City Times that the fabric “made people feel unsafe” and that she and the other members of the Dyke March collective didn’t want anything “that can inadvertently or advertently express Zionism” at the event.

Laurel Grauer, one of the women who was ejected, said she’d been carrying that Jewish pride flag in the march, held on the Saturday before the city’s official Pride Parade, for more than a decade. It “celebrates my queer, Jewish identity,” she explained. This year, however, she lost track of the number of people who harassed her for carrying it.

I’m sorry for the women, like Ms. Grauer, who found themselves under genuine threat for carrying a colorful cloth falsely accused of being pernicious.

But I am also grateful.

Has there ever been a crisper expression of the consequences of “intersectionality” than a ban on Jewish lesbians from a Dyke March

Intersectionality is the big idea of today’s progressive left. In theory, it’s the benign notion that every form of social oppression is linked to every other social oppression. This observation — coined in 1989 by Kimberlé Williams Crenshaw — sounds like just another way of rephrasing a slogan from a poster I had in college: My liberation is bound up with yours. That is, the fight for women’s rights is tied up with the fight for gay rights and civil rights and so forth. Who would dissent from the seductive notion of a global sisterhood?

Well, in practice, intersectionality functions as kind of caste system, in which people are judged according to how much their particular caste has suffered throughout history. Victimhood, in the intersectional way of seeing the world, is akin to sainthood; power and privilege are profane.

By that hierarchy, you might imagine that the Jewish people — enduring yet another wave of anti-Semitism here and abroad — should be registered as victims. Not quite.

Why? Largely because of Israel, the Jewish state, which today’s progressives see only as a vehicle for oppression of the Palestinians — no matter that Israel has repeatedly sought to meet Palestinian claims with peaceful compromise, and no matter that progressives hold no other country to the same standard. China may brutalize Buddhists in Tibet and Muslims in Xinjiang, while denying basic rights to the rest of its 1.3 billion citizens, but “woke” activists pushing intersectionality keep mum on all that.

One of the women who was asked to leave the Dyke March, Eleanor Shoshany Anderson, couldn’t understand why she was kicked out of an event that billed itself as intersectional. “The Dyke March is supposed to be intersectional,” she said. “I don’t know why my identity is excluded from that. I felt that, as a Jew, I am not welcome here.”

She isn’t. Because though intersectionality cloaks itself in the garb of humanism, it takes a Manichaean view of life in which there can only be oppressors and oppressed. To be a Jewish dyke, let alone one who deigns to support Israel, is a categorical impossibility, oppressor and oppressed in the same person.

That’s why the march organizers and their sympathizers are now trying to smear Ms. Grauer as some sort of right-wing provocateur. Their evidence: She works at an organization called A Wider Bridge, which connects the L.G.B.T.Q. Jewish community in America with the L.G.B.T.Q. community in Israel. The organizers are also making the spurious claim that the Jewish star is necessarily a symbol of Zionist oppression — a breathtaking claim to anyone who has ever seen a picture of a Jew forced to wear a yellow one under the Nazis.

No, the truth is that it was no more and no less than anti-Semitism. Just read Ms. Shoshany Anderson’s account of her experience, which she posted on Facebook after being kicked out of the march.

“I wanted to be in public as a gay Jew of Persian and German heritage. Nothing more, nothing less. So I made a shirt that said ‘Proud Jewish Dyke’ and hoisted a big Jewish Pride flag — a rainbow flag with a Star of David in the center, the centuries-old symbol of the Jewish people,” she wrote. “During the picnic in the park, organizers in their official t-shirts began whispering and pointing at me and soon, a delegation came over, announcing they’d been sent by the organizers. They told me my choices were to roll up my Jewish Pride flag or leave. The Star of David makes it look too much like the Israeli flag, they said, and it triggers people and makes them feel unsafe. This was their complaint.”

She tried to explain that the star is the “ubiquitous symbol of Judaism,” and that she simply wanted “to be Jewish in public.” Then, she “tried using their language,” explaining “this is my intersection. I’m supposed to be able to celebrate it here.”

It didn’t work. Ms. Shoshany Anderson left sobbing. “I was thrown out of Dyke March for being Jewish,” she said. Just so.

For progressive American Jews, intersectionality forces a choice: Which side of your identity do you keep, and which side do you discard and revile? Do you side with the oppressed or with the oppressor?

That kind of choice would have been familiar to previous generations of left-wing Jews, particularly those in Europe, who felt the tug between their ethnic heritage and their “internationalist” ideological sympathies. But this is the United States. Here, progressives are supposed to be comfortable with the idea of hyphenated identities and overlapping ethnic, sexual and political affinities. Since when did a politics that celebrates choice — and choices — devolve into a requirement of being forced to choose?

Jews on the left, particularly in recent years, have attempted to square this growing discomfort by becoming more anti-Israel. But if history has taught the Jews anything it’s that this kind of contortion never ends well.

It may be wrong to read too much into an ugly incident at a single march, but Jews should take what happened in Chicago as a lesson that they might not be as welcome among progressives as they might imagine. That’s a warning for which to be grateful, even as it is a reminder that anti-Semitism remains as much a problem on the far-left as it is on the alt-right.

Bari Weiss (@bariweiss) is a staff editor in The Times opinion section.