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Wednesday, April 14, 2021

Ginsburg, Sotomayor Issue Scathing Dissent Of SCOTUS Travel Ban Decision

Justice Ginsburg
U.S. Supreme Court Associate Justice Ruth Bader Ginsburg October 8, 2010. (Photo by Chip Somodevilla/Getty Images)

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The Huffington Post reports that Supreme Court Justices Sonia Sotomayor and Ruth Bader Ginsburg delivered a scathing dissent to the court upholding President Donald Trump’s travel ban Tuesday, saying “a reasonable observer would conclude that the Proclamation was motivated by anti-Muslim animus.”

sonia sotomayor
Sonia Sotomayor in SCOTUS robe [Public domain], via Wikimedia Commons
“The majority holds otherwise by ignoring the facts, misconstruing our legal precedent, and turning a blind eye to the pain and suffering the Proclamation inflicts upon countless families and individuals, many of whom are United States citizens,” Sotomayor wrote in the dissenting opinion.  Ginsburg joined her in departing from the majority ruling.

The ban, announced in September, was the administration’s third attempt at cobbling up a policy to crack down on immigration from Muslim countries.  Trump’s other plans were blocked by courts that found the ban to be discriminatory and unconstitutional.  Lower courts also found this latest workaround to be legally defective but in December the Supreme Court decided to allow it to go into effect while the case continued through the legal process.  Trump argued that the ban is necessary for national security purposes.

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The conservative majority held that the president has the authority to enact a travel ban that severely restricts the ability of certain foreign nationals and refugees to enter the country.

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