Wednesday, 26 September, 2018

Donald Trump hails 'great victory' over travel ban ruling

ANDREW CABALLERO-REYNOLDS  AFP ANDREW CABALLERO-REYNOLDS AFP
Gerardo Duncan | 28 June, 2018, 07:29

The court held that the challengers had failed to show that the ban violates either U.S. immigration law or the USA constitution's First Amendment prohibition on the government favouring one religion over another. Conservative activists have already announced their intention to use a more conservative court to overturn the 1973 Roe v. Wade decision legalizing abortion. If past practice is any indication, the president will name a nominee within weeks, setting in motion a process that could allow confirmation by the time the court reconvenes in early October.

The president also stated he will pick his next nominee from the list of 25 names he released past year, a revision of lists he published during his presidential campaign.

Mr Trump's first high court nominee, Justice Neil Gorsuch, was confirmed in April 2017. Such a dramatic ruling may not be immediately likely, but a more conservative court might be more willing to sustain abortion restrictions.

Supreme Court Justice Anthony Kennedy's retirement creates the possibility that President Donald Trump will nominate a Texan for the seat.

Roberts said the actions taken by Trump to suspend entry of certain classes of people were "well within executive authority and could have been taken by any other president - the only question is evaluating the actions of this particular president in promulgating an otherwise valid proclamation".

In addition to LGBT rights, Kennedy has also stood with the court's liberals as a bulwark protecting the constitutionality of abortion in all 50 states.

That list included two judges with Michigan connections: Judge Raymond Kethledge, on the U.S. Sixth Circuit Court of Appeals in Cincinnati, and then-Michigan Supreme Court Justice Joan Larsen, who previous year was confirmed by the U.S. Senate to join Kethledge on the Sixth Circuit.

Larsen is a former law professor and special counsel to the dean at the University of MI who also clerked for the late Supreme Court Justice Antonin Scalia.

Without him, the court will be split between four liberal justices who were appointed by Democratic presidents and four conservatives who were named by Republicans. "If there is a Supreme Court vacancy, it takes priority".

"We try to use our rights to make ourselves safe", he said. "For me, I feel like our families are not welcome which means we are not welcome". As the Center for Public Integrity pointed out last June, most of the justices are millionaires.

"Despite today's ruling, turning away those fleeing horrific violence and persecution or to discriminate against people based on nationality and religion continues to be as un-American as ever", said Senator Bob Menendez, the top Democrat on the Senate Foreign Relations Committee. "And the consequences for our nation couldn't be higher".

Kennedy's decision was disclosed on the final day of the court's current term, which began in October. "For example, if Pakistan or another country does just one thing that Trump doesn't like, we will be added in there".

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