Travel ban about national security, not religious bias

Many of the news articles and opinion pieces penned about the Supreme Court ruling upholding President Trump’s so-called travel ban totally ignored a key word that was at the core of the 5-4 ruling — the verb “to vet,” which appears 32 times in the syllabus, opinion, concurrences and dissents.

The travel ban was not about banning Muslims from entry, but was about restricting travel and immigration from nations that fail to or, due to unrest, cannot adequately document whether individuals from their jurisdictions might pose a threat to public safety.

In the court opinion Chief Justice John Roberts explains:

The Proclamation is expressly premised on legitimate purposes: preventing entry of nationals who cannot be adequately vetted and inducing other nations to improve their practices. The text says nothing about religion. Plaintiffs and the dissent nonetheless emphasize that five of the seven nations currently included in the Proclamation have Muslim-majority populations. Yet that fact alone does not support an inference of religious hostility, given that the policy covers just 8% of the world’s Muslim population and is limited to countries that were previously designated by Congress or prior administrations as posing national security risks.

But the plaintiffs harped on Trump’s campaign stump rhetoric, claiming it was a window into an ulterior motive of religious animus that they claimed was a violation of the Establishment Clause of the First Amendment. For example, Trump once called for a “total and complete shutdown of Muslims entering the United States until our country’s representatives can figure out what is going on.”

In his concurrence Justice Clarence Thomas observed:

Further, the Establishment Clause does not create an individual right to be free from all laws that a “reasonable observer” views as religious or antireligious. … The plaintiffs cannot raise any other First Amendment claim, since the alleged religious discrimination in this case was directed at aliens abroad. … And, even on its own terms, the plaintiffs’ proffered evidence of anti-Muslim discrimination is unpersuasive.

Roberts pointed out the crux of the rationale for the travel ban was adequately backed up, “The Proclamation (as its title indicates) sought to improve vetting procedures by identifying ongoing deficiencies in the information needed to assess whether nationals of particular countries present “public safety threats.” … To further that purpose, the Proclamation placed entry restrictions on the nationals of eight foreign states whose systems for managing and sharing information about their nationals the President deemed inadequate.”

Thomas also took the opportunity to thump the lower court judges for engaging in issuing “universal” dictates that no law or constitution grants them the power to do.

The travel ban is and was about national security not religious bias.

Of course, the decision also revealed to Nevada voters where certain candidates stand on this matter. Television station KRNV in Reno quoted both senatorial candidates.

Republican Dean Heller’s office issued a statement saying, “Sen. Heller believes that the Supreme Court got this right. The policy reviewed was significantly narrowed in scope compared to the initial version of the travel ban, and the court’s ruling affirmed its legality based on legitimate national security interests.”

His Democratic opponent, Rep. Jacky Rosen of Las Vegas, said, “Denying individuals entry to the U.S. based solely on religion or nationality is wrong and out of touch with our American values. This travel ban won’t help keep us safe, and I will continue to stand up against this Administration’s ignorant and xenophobic policies.”

Nevada’s other Democratic representatives in Washington joined the chorus in opposing anything any Republican ever does no matter what.

Sen. Catherine Cortez Masto declared, “This decision flies in the face of our nation’s founding principle of religious freedom. President Trump’s Muslim Ban is in direct opposition to American principles and sends yet another prejudiced message to Muslim-Americans, refugees and immigrants.”

Lame-duck Rep. Ruben Kihuen complained, “Today the Supreme Court upheld President Trump’s racist and discriminatory Muslim Ban which further erodes our leadership position in the world and is just another example of the Trump Administration tearing families apart. The United States is made stronger every day through our diversity.”

Rep. Dina Titus sweepingly declared, “Today’s decision upholds a misguided xenophobic ban that does nothing to make us safer. Banning the people of an entire religion from immigrating to the U.S. is a betrayal of our nation’s founding principles of religious freedom and tolerance.”

We assume she missed the part about the ban affecting only 8 percent of Muslims or that people can seek case-by-case waivers.

Protests in front of Supreme Court. (Getty images)

One comment on “Travel ban about national security, not religious bias

  1. Steve says:

    Again, SCOTUS decided.
    There is no appeal, the law is upheld. (period)

    IF they feel so strongly about it, let them write a new law and pass it.

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