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The Supreme Court Ignores the Reality of President Trump鈥檚 Discriminatory Muslim Ban

Muslim Ban Sign
Muslim Ban Sign
Cody Wofsy,
Deputy Director ,
老澳门开奖结果 Immigrants鈥 Rights Project
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June 26, 2018

The Supreme Court today the challenge to President Trump鈥檚 Muslim Ban. In its 5-to-4 decision, the court failed to make good on principles at the heart of our constitutional system 鈥 including the absolute prohibition on official disfavor of a particular religion. The fight against the ban will continue, but the court鈥檚 decision is devastating. History will not be kind to the court鈥檚 approval of an unfounded and blatantly anti-Muslim order.

By now the story of this shameful policy is familiar. During his campaign, Trump issued calling for 鈥渁 total and complete shutdown of Muslims entering the United States鈥 鈥 which remained on his website until well into his term in office. That was hardly a stray comment. Rather, over and over, both before and after the election, Trump expressed his animus for Islam and Muslims and tied that animus to his proposed immigration ban.

Just one week into office, Trump attempted to make good on the campaign promise, issuing a sweeping ban on over a hundred million Muslims without even consulting the government鈥檚 national security experts. Courts rejected that as well as the order the administration crafted to . Finally, those temporary measures were replaced by the current , which likewise bans over 150 million people 鈥 approximately 95 percent of them Muslim. As Justice Sotomayor explained in her dissenting opinion, Trump鈥檚 consistent messages and actions paint a 鈥渉arrowing picture, from which a reasonable observer would readily conclude that the Proclamation was motivated by hostility and animus toward the Muslim faith.鈥

Nonetheless, the court today rejected the constitutional challenge to the ban. Applying deference to the president despite the evidence presented, the court explained that it would 鈥渦phold the policy so long as it can reasonably be understood to result from a justification independent of unconstitutional grounds.鈥 The court then concluded based on the record in the case that the ban had 鈥渁 legitimate grounding in national security concerns, quite apart from any religious hostility.鈥

As Justice Sotomayor cogently explained, the majority could reach this conclusion only by 鈥渋gnoring the facts, misconstruing our legal precedent, and turning a blind eye to the pain and suffering the Proclamation inflicts upon countless families and individuals.鈥 In this respect, as she noted, the case repeats some of the worst mistakes the court has made in the past. In particular, the parallels to , the court鈥檚 1944 decision upholding the incarceration of Japanese-Americans, are striking.

As in that case, the court today paid lip service to the vital constitutional values at stake, but it willfully ignored the reality of the situation. The majority today repudiated Korematsu, saying it 鈥渨as gravely wrong the day it was decided.鈥 But as Justice Sotomayor pointed out, then, as now, it was clear to those willing to look at the evidence that the government鈥檚 policy was not about safety but prejudice:

鈥淏y blindly accepting the Government鈥檚 misguided invitation to sanction a discriminatory policy motivated by animosity toward a disfavored group, all in the name of a superficial claim of national security, the Court redeploys the same dangerous logic underlying Korematsu and merely replaces one 鈥榞ravely wrong鈥 decision with another.鈥

Today鈥檚 decision is devastating. Whatever the court may have intended, the message it relays to Muslim communities around the country and around the world is that our Constitution tolerates transparent discrimination and animus against Islam. It undermines our standing to encourage tolerance and pluralistic democracy abroad, and it reinforces the intended message that Muslims 鈥 and immigrants, people of color, LGBT communities, and other marginalized groups 鈥 are not welcome in Trump鈥檚 America.

But this fight is not over.

Indeed, the greatest repudiation of Trump鈥檚 anti-Muslim policy to date was not delivered by any court. Instead, it was delivered by thousands of people spontaneously coming together at airports across the country to declare that we will not stand for hatred and discrimination.

In that spirit, we all need to redouble our efforts to organize, protest, and push Congress to end the ban once and for all. This is a painful setback, but the struggle for a free, equal, and inclusive America will continue.

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