posted June 26, 2018 11:02 AM            

Supreme Court Upholds Travel Ban in Trump v. Hawaii Ruling
KEN KLUKOWSKI
26 Jun 2018

The Supreme Court ruled in favor of President Trump and his immigration policy across the board in a 5-4 decision on Tuesday, holding that the permanent entry restrictions from various terror-prone nations codified in Presidential Proclamation 9645 is fully consistent with Congress’s Immigration and Nationality Act as well as the Establishment Clause of the U.S. Constitution.

Chief Justice John Roberts wrote for the majority that admission and exclusion of foreign nationals is a “fundamental sovereign attribute exercised by the Government’s political departments largely immune from judicial control,” quoting from an earlier case, and that the president has extraordinarily broad discretion under 8 U.S.C. § 1182(f) to exclude aliens when he believes doing so is in the nation’s interests.

President Trump’s policy is permitted by the Establishment Clause of the First Amendment to the Constitution, because Presidential Proclamation 9645 provides a religion-neutral explanation for the policy that is facially legitimate, rejecting plaintiffs’ arguments that the policy advanced an impermissible religious purpose.