Your Travel Ban Isnt Safe Yet, Mr. Trump [View all]

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Yesterday President Trump tweeted that he was “grateful” for the Supreme Court’s unanimous opinion on his travel ban, which allowed some of it to stand pending the court’s review this fall. But he shouldn’t celebrate just yet: The decision is a loss, not a win, a distinction totally lost on our rapid-fire media.

Read carefully, the opinion makes it clear that most of the Supreme Court justices think Mr. Trump’s executive order, which restricts travel from six Muslim-majority countries, is likely to be struck down if the court hears the case in the fall, as scheduled.

For the past six months, Mr. Trump’s ban has been on hold, battered repeatedly in a series of lawsuits. The Fourth Circuit Court of Appeals ruled that the ban likely violates the Constitution’s prohibition on favoring or disfavoring certain religions (the Establishment Clause), while the Ninth Circuit held that the ban likely violates an immigration law that prohibits “discriminating on the basis of nationality.” Both courts ruled that the ban should be suspended in its entirety.

Mr. Trump is partly correct that the Supreme Court yesterday reached a different conclusion from those of the lower courts. Pending a full review in the fall, it left part of the ban in place, but only for people outside the United States who lack a relationship — family, educational or business ties — inside the country.

https://www.nytimes.com/2017/06/27/opinion/your-travel-ban-isnt-safe-yet-mr-trump.html