Why the Supreme Court Decision on President Trump’s Travel Ban Is Rightly Decided
Photo: CBS WDEF12 Illustration
On Tuesday, the Supreme Court upheld President Trump’s travel ban 5-4 claiming that the President has broad powers under immigration law to protect national security. The travel ban, also known as the “Muslim ban”, would block people from several Muslim-majority countries from entering the United States in the name of national security.
Justice Anthony Kennedy wrote the concurring opinion, stating that “indeed, the very fact that an official may have broad discretion, discretion free from judicial scrutiny, makes it all the more imperative for him or her to adhere to the Constitution and to its meaning and its promise.” Kennedy also claimed that “an anxious world must know that our Government remains committed always to the liberties the Constitution seeks to preserve and protect, so that freedom extends outward, and lasts.”
Justice Sonia Sotomayor wrote a dissenting opinion stating that the court was incorrect on its decision to uphold the ban, claiming “the un-rebutted evidence actually shows is that a reasonable observer would conclude, quite easily, that the primary purpose and function of the Proclamation is to disfavor Islam by banning Muslims from entering our country.”
What many on the left do not realize is that the travel ban is not racist, nor does it instill an anti-Muslim sentiment in the country.
It is a fact that many who reside in the countries mentioned in the ban hold values that are antithetical to those of the United States. Yes, not everyone in those countries are bad people. That is obvious.
However, making the case that the ban is discriminatory towards Muslims misses the point. There are too many concerns of potential terrorism and that those who would immigrate to the U.S. (from those countries) would not want to assimilate — nor have any interest in embracing Western values.
There is a view held on the left that all cultures are created equal, but if they were, the travel ban would not even be a thought in anyone’s head.
The SCOTUS decision is not a matter of upholding racism or discrimination, but simply allowing for the President (according to Justice Kennedy) to “lawfully exercis[e] the broad discretion granted to him under Section 1182(f) to suspend the entry of aliens into the United States."
It is not un-American to want to protect our own citizens and our sovereignty. It is simply too difficult to properly vet those who want to enter the United States from these countries.
The protection of U.S. citizens should be and is President Trump’s first and foremost priority. If the President can say for certain that the safety of Americans is absolutely guaranteed if we allow people from these countries to enter, then the ban would not be necessary. We simply cannot say for certain that the vast majority of individuals from these countries would be coming into the U.S with good intentions.
We need to preserve and protect the freedoms of United States citizens, and any threat or potential threat to that freedom should be prevented.
Before opponents grab their pitchforks to riot, try to at least understand the conservative viewpoint on the travel ban. But since we are in an area of demonizing those with whom we disagree, this task is near impossible for at least half of the country.
Keyden Smith-Herold is the Editor-in-Chief of The Daily Analytical, (dailyanalytical.com) a brand new publication.