IMAGE: CNS photo/Michael Reynolds, EPA
By Carol Zimmermann
WASHINGTON (CNS) — In a
5-4 decision June 26, the U.S. Supreme Court upheld President Donald Trump’s
travel ban on people entering the U.S. from some Muslim-majority countries,
saying the president’s action was within his power.
The court’s much
anticipated decision in the last case it heard this term reversed a series of
lower court decisions that had struck down the ban as Illegal or
unconstitutional.
Chief Justice John
Roberts issued the opinion, supported by Justices Anthony Kennedy, Clarence
Thomas, Samuel Alito and Neil Gorsuch. It said the president’s proclamation is
“squarely within the scope of presidential authority” in the Immigration
and Nationality Act.
In sharply worded
dissent, Justice Sonia Sotomayor, joined by Justice Ruth Bader Ginsburg, said
the court’s decision “fails to safeguard” this nation’s fundamental
principle of religious liberty and “leaves undisturbed” a policy that
“now masquerades behind a facade of national-security concerns.”
Immediate reaction on
Twitter included Trump’s message: “SUPREME COURT UPHOLDS TRUMP TRAVEL BAN.
Wow!”
Catholic reaction
included this tweet from the Sisters of Mercy: “This decision is
disappointing and runs counter to this country’s founding principles and
values. Upholding this travel ban only exacerbates the scapegoating and attacks
already directed against vulnerable communities, including immigrants, Muslims
and people of color.”
And John Gehring,
director of Faith and Public Life tweeted: “Imagine a travel ban for
people from countries with heavily Catholic populations. Irish Catholic
immigrants were once demonized and viewed as a threat to democracy. SCOTUS
ruling makes a mockery of our commitment to religious liberty.”
When this case was argued
before the court April 25, the majority of justices seemed to indicate they
would uphold the president’s ban.
The challengers to the
ban — Hawaii, several individuals and a Muslim group — argued that Trump’s
policy was motivated by an antagonism toward Muslims and that it violated
federal immigration law and the U.S. Constitution’s prohibition on the government
favoring one religion over another.
Trump has said the travel
ban is necessary to protect the United States from terrorism by Islamic
militants who could enter the U.S. The current version of the directive is indefinite about how long it will be in place and applies to travelers from five
countries with predominantly Muslim populations: Iran, Libya, Somalia, Syria
and Yemen. It also blocks travelers from non-Muslim countries: North Korea and
some Venezuelan government officials and their families.
The president’s first
travel ban, issued right after he took office, was blocked by several U.S.
courts. A few months later, a second version of the ban was similarly blocked
by several lower courts but the Supreme Court voted last December to allow the
policy to take effect until it heard oral arguments about it.
Catholic Church leaders
expressed their objection to the travel ban in an amicus brief filed March 30
by the U.S. Conference of Catholic Bishops, Catholic Charities USA and Catholic
Legal Immigration Network.
They said the ban singles
out “populations of six overwhelmingly Muslim nations for sweeping immigration
restrictions” that do not exist elsewhere in the world.
The brief said the
president’s order showed “blatant religious discrimination,” which is
“repugnant to the Catholic faith, core American values, and the United States
Constitution.” It also said the Supreme Court should relegate the order “to the
dustbin of history, so it will do no further harm.”
The Catholic groups said Trump’s
action posed a major threat to religious liberty and also failed the basic test
of religious neutrality. If it stands, they said in the brief, it will prevent
countless refugees from escaping persecution and starting a new life in this
country with the help of church resettlement agencies.
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