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Supreme Court Announcement
Issued on June 26th

Policy Summary

On Monday, June 26th the Supreme Court indicated that they will grant the Justice Department’s appeal of Trump’s travel ban and hear arguments on the case. In the ruling, the Supreme Court stated that the ban “may be enforced against foreign nationals who do not have a credible claim of a bona fide relationship with a person or entity in the United States.” The court voted 6 to 3 in favor of this decision. Voting in the majority was the court’s four-member liberal bloc — Justices Ginsburg,  Breyer, Sotomayor and Kagan along with the more right-leaning Justices Roberts and Kennedy.Forming the opposition was — Justices Thomas, Alito and Gorsich. The dissenting justices wanted the full ban to stay in place while the court deliberated.

Analysis

Given that it is unlikely that members of either the liberal or conservative block of the Court will change their opinion, the fate of the travel ban now rests on Justices Roberts and Kennedy. If both of them vote in favor of the ban then there would be a majority to keep the ban in place. However if only one of them switches over to the conservative bloc, the ban would be struck down. The fact that even three Justices voted to keep the entire ban in place while the court deliberates is shocking given the string of unanimous decisions against the ban in the lower courts. The Supreme Court’s decision will have far-reaching implications, as it pits the president’s power to set immigration and national security policy, against the Constitutional protection of individuals from discrimination based on their religion or national origin.

Engagement Resources

  • Local Options for Protecting Immigrants – This document hosted by the National Network for Immigrant and Refugee Rights notes what steps local governments can take to protect immigrants against federal government actions.
  • Resistance Manual – Crisis Resources – If you know someone who is facing immigration troubles, please share this compendium of legal resources and relevant nonprofit organizations with them.
  • Immigration Volunteer Search – Search for immigration volunteer opportunities near you, and do your part to help those under siege from Trump’s policies.

This brief was compiled by William Lucier. If you have comments or want to add the name of your organization to this brief please contact william@usresistnews.org.


 

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