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Will the Court Stand Up to Donald Trump?

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The 1st full term of the Supreme Court in the Trump era is wrapping up with a lawsuit that epitomizes the nature of the person occupying the Oval Office. Trump says butt out because, he feels he can exclude whomever he wants in order to 'protect the country from attack,' and no judge may second-guess him. That’s an astonishing claim of unchecked executive authority. It also contradicts the structure of federal immigration law, which is the province of Congress. No one is saying that the president is powerless to protect the nation from attack, but he must do so without violating the law or the Constitution. His latest proclamation functions as little more than legal backfill “to legitimize a presidential command that was born of animus, persists in animus, and seeks to make animus the law of the land,” as a supporting brief says.  

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I began teaching in 1963,; Ba and BS in Education -Brooklyn College. I have the equivalent of 2 additional Master's, mainly in Literacy Studies and Graphic Design. I was the only seventh grade teacher of English from 1990 -1999 at East Side (more...)
 

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Susan Lee Schwartz

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"The Supreme Court has been faced with situations like this before. In World War II, it bowed to claims of unfettered executive authority and allowed American citizens to be locked up for years simply because of their Japanese heritage. It was a shameful moment for the court and for the United States. Today, in the face of an executive order again based on racial animus and unfounded fears, the justices have the chance to deliver a very different message about executive power, and the meaning of America."


"Speaking of the Constitution, and especially of the First Amendment's establishment clause, anyone with a passing awareness of American politics knows what's at the root of the travel ban: Mr. Trump's special animus against Muslims, which he's been nursing at least since December 2015. That's when he called for a "total and complete shutdown" of Muslims entering the country until we "can figure out what is going on." Since then he has given his lawyers a constant headache by tweeting regularly about the ban, saying just days before the latest version that it should be "far larger, tougher and more specific," but that this would be "politically incorrect." In case anyone was still unclear about where he stands, last November the president retweeted inflammatory videos from a fringe ultranationalist group in Britain showing Muslims purportedly engaged in violence. (The videos were, as Mr. Trump likes to say, fake news.)

From this angle, the travel ban looks a lot like Mr. Trump's other attempts to weaponize the federal government in the service of his own personal vendettas. Remember the election integrity commission? An entire operation created solely to justify the president's false claims that millions of people voted illegally in 2016. The commission folded in January without making any findings of fraud. In the case of the travel ban, Mr. Trump is surrounded by anti-immigrant hard-liners, including his attorney general, Jeff Sessions, who donated one of his favorite staffers, a zealot named Stephen Miller, to help draft the ban.

Submitted on Tuesday, Apr 24, 2018 at 8:03:42 PM

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Susan Lee Schwartz

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(Member since Oct 25, 2009), 20 fans, 15 articles, 3389 quicklinks, 6028 comments, 1 diaries


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His proclamation, "bars entry into the United States by most citizens of six countries with "inadequate" security protocols -- Iran, Libya, North Korea, Somalia, Syria and Yemen, along with some groups from Venezuela. (Chad was originally on the list but was removed this month.) The administration says it came up with the list after a "worldwide review," but it has not shared the underlying evidence with any court.

Particularly in the absence of such evidence, it's worth noting that no citizen of any country on the list has carried out a fatal terrorist attack on American soil in the last two decades. In contrast, Saudi Arabia is not on the list, even though 15 of the 19 Sept. 11 hijackers were Saudi nationals.

Submitted on Tuesday, Apr 24, 2018 at 8:05:00 PM

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