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In what is seen as a partial victory for President Trump, a Supreme Court ruling yesterday opens the door for at least a partial implementation of his “Muslim travel ban.” The decision is not a complete win for the President as the Justices stated that they would consider in October whether the policy should be struck down or if it can continue. In allowing the temporary activation of the travel ban, the court also granted an emergency request from the White House to allow the refugee portion of the travel ban to be implemented.
The Court Ruling
The Justices reasoned in their ruling yesterday, that the government has a “compelling need to provide for the nation's security”. That can include restricting travel and shutting the borders in response to evaluated dangers. The court reasoned in its ruling that denying entry to persons with no connections in the US does not violate the constitution. “Denying entry to such a foreign national does not burden any American party by reason of that party's relationship with the foreign national,” the court stated in its ruling.
The order is expected to be implemented in the next 72 hours, but will not be the blanket ban that was first proposed. Per the Supreme Court Ruling, “In practical terms, this means that [the executive order] may not be enforced against foreign nationals who have a credible claim of a bona fide relationship with a person or entity in the United States.”
“All other foreign nationals are subject to the provisions of [the executive order].”
What Happens Next
The ruling on the ban will allow parts of the initial executive order. This ban should be along the following lines:
- 120-day ban on all refugees entering the US, unless they have a bona fide relationship with a US person or entity
- 90-day ban on travelers from Libya, Iran, Somalia, Sudan, Syria, and Yemen, unless they have a bona fide relationship with a US person or entity
So far it is unclear how things will pan out once the ban is implemented, and several questions remain, such as will it affect dual nationals from the six countries, and how does it affect individuals who already have visas for the US.
Overall
This will definitely be chalked up as a victory for the White House, although there are still many details to be worked out, it does seem that President Trump will finally get his ban implemented. How long it lasts is another question, since it can be overturned in October. Although this may seem unlikely since Justices Thomas, Alito, and Gorsuch stated in the ruling that they would have allowed the full ban to be implemented pending a full review.
Regardless of your opinion, we'd suggest giving the Supreme Court ruling a read. We could all do with a better understanding of the reasoning behind the decision, and the ruling should help do just that.
Source: BBC
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Any word on the computer ban? Thanks anyone.
Updates queued for tomorrow AM on it 🙂
Since the bans are temporary, will there be more permanent policies by the time the court makes it’s decision?
I’d say highly unlikely.
This is certainly a political hot potato with today’s “no one in the middle” political environment. But certainly we need to keep America as safe as possible … but flying isn’t the only way to entry the country and possible harmful people don’t wear a sign.
At least Trump is standing behind his 100 day plan.
Any word on a computer ban??
Not at this time.
I wonder what else will be in the name of safety? There will always be something that happens. It’s like kids..you try and try to steer them around this and that danger but they always find some way to fall down or run themselves into another kid, etc. We will see how this all helps and what changes. The world will still spin whether or not we want it to.
This ban is probably useless so long as our land borders aren’t properly protected. But it’s a statement, it puts activist judges in their place, and I thank President Trump for yet another promise kept. I remind the esteemed blogger that his link-clicking readership is diverse, as Howie wisely recognizes.
#MAGA
Anyone have comments on the potential electronics ban? Also concerning to me.
Political views aside, I highly doubt that this ban will improve American security in the least.
I do agree that this is a shameful policy. I had to say it out loud….
Care to elaborate?
By reading some of the comments, it is maybe better not to bring politics into this forum. Let’s talk about how I can get more sign-up bonuses…
I’d prefer if we kept this blog apolitical, but as long as the conversation stays civil, opinions (specifically informed ones) are important to be shared. In the case where politics impacts us as travelers, we want to make sure to keep a conversation going.
+1!
Well said!
He is pretty determined, isn’t he?
When people try blow up airplanes, buildings, and target innocent people for whatever the reason the President has an obligation to try and protect the citizens of his/her country from those bad actors….
We should not be to forced self immolate simply because someone else is ok with it.
Totally agree! They just need to choose the countries that the terrorists actually came from, which aren’t covered off by the ones on the list.
What surprise me is that Iran is in the list while Iraq doesn’t appear on the list.
Thanks for the summary. I had heard the headline on the radio and TV, but this explains it much better.
Get to the root of the problem would of been a better solution than banning people from entering a country.
Certain aspects are being held up because of possible threat. Countries like Libya, Somalia, Sudan, Syria & Yemen. All do not have friendly legitimate governments. Many unrecognized by UN. So anyone from anywhere could possibly get passport from there for a price. Then show up to cause trouble.
Shame on the USA…. No wonder the USA is longer well-respected worldwide….
Actually, the exact opposite is true. The USA is once again seen as a leader. MAGA!
Please keep the hashtags and slogan out of the discussion. Happy to keep a factual and informative dialogue related to the impact of travel going, but keep the politics, slang and borderline descriptions out of it. This isn’t the place for such a discussion.
Please keep the hashtags and slogans out of the discussion. Happy to keep a factual and informative dialogue related to the impact of travel going, but keep the politics, slang and borderline descriptions out of it. This isn’t the place for such a discussion.
“In what is seen as a partial victory for President Trump …” Partial? On a 9-0 SCOTUS vote? Resounding victory. More winning. MAGA.
Partial as in only part of the order can move forward. I’d think a complete victory would have been the entire order being allowed to move forward at this point.
Very, very limited exceptions to the order. So perhaps technically “partial” is correct, although in spirit the TRAVEL ban (it is NOT a “Muslim” ban) was upheld.
Will this ever stop, banning one faith or religion and does this effect American Muslims leaving and entering their own country?
Regardless of an opinion, intent, malintent, or whatever it may be — the ban doesn’t specifically ban any religion. A person of a different faith in these same countries would also be impacted.
Who knows what will happen moving forward. I don’t mean that politically or just from an American viewpoint. Changes to policies around the world will continue to evolve.