SCOTUS rules on Travel Ban

[Sociopathicsteelerfan]

(06-27-2018, 01:27 AM)Dill Wrote: But they overturned Koramatsu vs the US today too, didn't they?

https://www.usatoday.com/story/news/politics/2018/06/26/supreme-court-overrules-korematsu-case-hated-civil-libertarians/734630002/

In doing that, they have to argue that the "face test" is not valid when racial bias factored into the formation of law/policy and knowledge thereof is  suppressed.

"Muslim" is not a race.

Quote:I think that was Sotomayor's point too--all Trump's explicit talk of banning Muslims, then suddenly judges must discount that if the policy is written to exclude the word "Muslim"?

 
As the ban clearly does not target muslims I'd say there's nothing to discount.

Quote:LOL according to Hugo Black, the Japanese were interned because we were at war with Japan, not because of race.  What about Italians and Germans and Romanians and Bulgarians in 1944? Might as well ask today "What about Saudi Arabia and Morocco" and a few dozen other countries not included in the Trump ban. President has the power, blah blah, precedent, blah blah, national security.

Yes, the appeal to national security in a state of emergency is another point of contact between the two cases--only WWII was a real state of emergency.  Anyway, the appeal to national security is much favored by leaders of all stripes, since it can reduce all the usual policy friction offered by democratic institutions.

Fair points, although I wonder how relevant they are.  Do you think the nations included in the ban should not be on the list?  Do you think there are legitimate reasons a rational person could cite for their inclusion that has nothing to do with religion?

Quote:I'm wondering how Trump's ban will look down the historical road--another Korematsu? Plessy vs Ferguson?  A lot will depend on the kind of country we become.  Very consequential, blocking Obama's right to appoint a justice.

Hopefully neither, as the possible consequences of this decision cannot be rationally equated to the consequences of the two cases you just referenced.  Yes, the GOP gambled and won big.  It was an underhanded maneuver but they reaped massive benefits.  With Kennedy possibly retiring soon the consequences are even more significant.