The Supreme Court is now going to be faced with a test of Presidential power.
President Donald Trump is looking to reinstate his travel ban on visitors from six Muslim majority countries. This is going to be sent to a high court of appeal in order to try and re-establish the law.
The Supreme Court now has a Conservative majority that lies at 5-4. It has been restored with President Trump’s new nominee Neil Gorsuch.
This issue is very important, which means that there is a high chance that the Supreme Court Justices will agree to intervene. With the odds in President Trump’s favor, there is a high chance that the ban will go through.
Lower courts have been able to prevent the travel ban so far, letting in United States residents from Iran, Libya, Somalia, Sudan, Syria and Yemen.
The biggest thing against the policy is that President Trump obviously has spoken up against Muslims in the past, but candidates say many things while campaigning and he has more than shown he is tolerant of everyone in recent times.
From Fox News:
“If a different president had issued this order, would it be unconstitutional? The question falsely assumes that another president could have issued this order. This order only makes sense from an administration that wants to demonstrate to its constituency that it doesn’t like Muslims,” Primus said. “Neither Obama nor Clinton, or either President Bush, would have issued this order.”
It’s hardly clear how the Supreme Court might eventually rule in the case, but Justice Anthony Kennedy probably will be in the majority whatever the outcome. That’s because Kennedy, closer to the ideological center of the court than any of his colleagues, often casts the decisive vote when the court is otherwise split between conservatives and liberals. Both sides in the dispute have pointed to an opinion Kennedy wrote in 2015 in Kerry v. Din, a case in which an American citizen sought to challenge the denial of a visa for her Afghan husband.
Kennedy sided with the other conservative justices in favor of the Obama administration and against U.S. citizen Fauzia Din. But 4th Circuit Chief Judge Roger Gregory used Kennedy’s opinion to buttress his majority opinion against the Trump travel ban.