Supreme Court Hands Trump Partial Travel Ban Victory

United States Supreme Court

WASHINGTON — Ever since Donald Trump signed the first executive order banning people from seven countries from entering the U.S. on January 27, it’s been nothing but trouble.

Within 24 hours of the EO being signed, judges in several states blocked the so-called “travel ban” from going into effect. Trump submitted a second executive order on March 6 taking the number of affected countries to six (Iraq was excluded from the 2nd ban). It was, again, immediately stopped by a lawsuit in Hawaii. Trump went on to lose a series of appeals in court.

On Monday, the Supreme Court actually handed Trump a win on the travel ban — albeit not a complete one.

The Court decided to hear the full case in October but, in the meantime, knocked down the lower courts’ move to completely shelve the ban. Instead, the Supremes ruled that some foreign nationals from the six states included in the second executive order could be kept from entering the U.S.

Here’s the exact language:

“In practical terms, this means that §2(c) may not be enforced against foreign nationals who have a credible claim of a bona fide relationship with a person or entity in the United States. All other foreign nationals are subject to the provisions of EO–2.”

“All other foreign nationals are subject to the provisions of [Executive Order]–2,” is the key line there — affirming that a not-insignificant piece of the Trump travel ban can go into effect while the Court waits to rule on the constitutionality of the broader ban.

What’s less clear is what a “bona fide relationship” means. Is that blood connection? Close friend? And who decides what a “credible” claim of a “bona fide” relationship is?

That is a legal question, of course, not a political one. The political reality is far clearer: After a string of losses, Donald Trump just won one. And it’s not a small one.

While some legal observers suggested that the Court’s initial ruling on the ban suggests that the nine justices will likely uphold the full ban come the fall, predicting what the Court will do is rarely a good gamble. (Predictions of how the Court would rule on the constitutionality of the Affordable Care Act were, literally, all over the place.)

And, if the Court eventually rules that Trump doesn’t have it within his powers to install a travel ban, Monday’s ruling will be seen as a Pyrrhic victory.

Still, good news — on the travel ban or anything else — has been hard to come by for Trump in his first 157 days in office. And this is good news — particularly for the base voters that Trump has so carefully cultivated in his first months in office.

Consider this: A CBS News poll conducted in late April showed that 53% opposed “temporarily preventing people entering the U.S. from some majority Muslim countries.” But, among self-identified Republicans almost three in four (72%) supported the ban.

This decision will be cheered by Trump’s base. Trump himself will undoubtedly tout it as vindication for what he has insisted all along: That he has the power to institute this sort of ban. (He hasn’t tweeted about it as of 11:30 am ET.) Congressional Republicans, forever nervous about Trump’s political prospects vis a vis their own, will breathe the slightest sigh of relief.

By the fall, this victory could look like a false positive. But, today it is a positive. And it looks a whole hell of a lot like an oasis for Trump in the political desert he has been trudging through of late.

18 comments

  • Tired Old Guy

    MSNBC did not like Pres. Trump`s tweets about some of their talking heads so they came out with a statement saying, “It’s a sad day for America when the president spends his time bullying, lying and spewing petty personal attacks instead of doing his job.” Had some of it thrown back in their faces and they don`t like it. Not so much fun being on the receiving end of the “bullying, lying, and petty personal attacks” is it left wing liberal and hateful media? This time you tormented a President who bites back. I Love it. Keep giving right back to them Mr. President.

  • fake news sucks

    Wow – can’t tell that this article wasn’t written by a Trump-hating butt hurt Crescent News Network mongrel, can you? What ever happened to just reporting the news without putting your own personal spin on it? Walter Cronkite would not approve.

  • Robert

    Real sad when we need a supreme court ruling for this stuff. Now if we could get the a majority ruling proclaiming Dems, DIMMS.

  • Tired Old Guy

    He`s been swimming against the stench of the swamp and anti Trump media, the hate and anger of the left, the shrill of evil liberals who would destroy our Country and trash our constitution and this is a big win. The first and foremost responsibility of a government is to protect it`s citizens and that has been missing for the previous eight years of a worthless do nothing administration and the President has every right right and indeed duty to prevent terrorists from countries that have no vetting and no control, now if only Kennedy would retire so he can appoint another supreme court justice and help undo the damage and destruction that has been done against our sovereignty, safety, rights and freedoms by the left and the Soros open border one world order crowd. As far as I am concerned a win is a win no matter how the media ties to spin it.

    • tired citizen

      No one can protect us from ourselves. I’m more worried about some ***hole opening fire in an everyday setting then some elaborate terrorists plot. We are the terrorists. Also, if you want to ramble on about the Constitution read all of it not just one or two amendments.

      • Robert

        What part of the constitution is being overlooked or under read in your opinion Mr. Tired Citizen?
        TomTom being an idiot is not a crime, so he’s free to go.

  • magicmikexxsm

    Supreme Court Hands Trump Partial Travel Ban Victory………………………………….
    We said all along the lower courts had no say in this, that the President has the right to ban immigrants. from said counties……but would you liberals listen NOOOOOOOOOOOOOOO.
    Because you’d rather play games……lol freaking stooges.

  • Real American

    Next step full ban… and the wall!!! Unrestricted 2nd amendment for law abiding, freedom loving americans.

    • Robert

      Tried to give you a 2 thumbs up, but this silly website would only let me give you one. We need to get this thumb ban on the 4th circuit courts docket. They’ll do anything to thumb up the works!

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