The Rule of Law Prevails in the Travel-Ban Case Dissenters cite the views of former officials, a radical departure from American constitutional norms. By David B. Rivkin Jr. and Lee A. Casey
https://www.wsj.com/articles/the-rule-of-law-prevails-in-the-travel-ban-case-1530139894
The judicial “resistance” to President Trump suffered a well-deserved defeat in the Supreme Court’s “travel ban” ruling, Trump v. Hawaii. At issue was Mr. Trump’s order limiting entry to the U.S. of nationals from eight (now seven) countries that are unwilling or unable to cooperate sufficiently in U.S. antiterrorist screening efforts. The plaintiffs challenged the order on several grounds, arguing that it exceeded the president’s authority and was animated by anti-Muslim bias, violating the First Amendment. (Six of the eight covered countries are mostly Muslim.) The court upheld Mr. Trump’s order 5-4.
Whatever one thinks of the travel ban as policy, the ruling is an important victory for the rule of law. Federal trial and appellate courts have persistently enjoined Mr. Trump’s orders, defying clear Supreme Court precedent supporting his power to limit the entry of aliens. The decision has removed all doubt that the president’s orders are lawful under both the Immigration and Nationality Act and the Constitution.
The justices made short work of the plaintiffs’ statutory claims, affirming that the Immigration and Nationality Act’s plain language gives the president the power to deny “any aliens or any class of aliens” entry to the U.S. whenever he finds that letting them in “would be detrimental” to U.S. interests. This provision, Chief Justice John Roberts wrote, “exudes deference to the President in every clause.” Mr. Trump’s proclamation, the justices concluded, was “well within this comprehensive delegation.” The court also concluded that a “searching inquiry” into the president’s justifications for the order, such as the lower courts in this case conducted, is inconsistent with both the statute and “the deference traditionally accorded the President in this sphere”—namely “international affairs and national security.”
The plaintiffs’ constitutional arguments fared no better. They asserted the order was motivated by a personal “animus” toward Islam and therefore violated the First Amendment’s Establishment Clause. Although the ban includes North Korea and Venezuela, the plaintiffs argued that it disfavored Islam. As evidence of animus, plaintiffs cited Mr. Trump’s various statements during the campaign suggesting that Muslims should not be permitted to enter the U.S. “until our country’s representatives can figure out what is going on.”
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