Supreme Court probably right to uphold travel ban. Terrible policy, and Congress's responsibility. But Congress ceded a giant national security exemption to the president. And who determines what qualifies as "national security"? POTUS. Bad law. Easily abused. But still the law.
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But the judiciary answers "is this legal?" not "is this smart policy?" or even "is this right?" Law granting POTUS power to suspend immigration for NatSec reasons does not require the president to justify the claim. Saying "it's for national security" is enough.
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Travel ban is another lesson in norms-not-laws. Congress gave POTUS powerful national security exemptions on trade and immigration. Assumed presidents would use these in good faith (rarely, only in emergencies). Trump's using them in bad faith. But the law doesn't say he can't.
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Congress should immediately retake its Constitutionally-designated power over trade and immigration. End the "national security" tariffs and "national security" travel ban. That would make Americans safer and more prosperous, and restore checks-and-balances to the system.
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Not the judiciary's job to improve national security strategy or stop Congress from voluntary ceding power. That's the responsibility of the people and their elected representatives, not 9 unelected judges Think, liberals: Do you really want SCOTUS to have such power? This court?
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Short version: Travel ban is terrible policy. Makes Americans less safe. Violates American values. Sign of Congressional weakness and institutional rot. But legal. (END)
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End of conversation
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Agreed. However, statements by *45 are “officials” statements and have the weight of law behind them. Likewise when scotus reviews legislative notes to see the intent of the law, they should refer to statements by the office of the president. Strict scrutiny is to be applied.
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