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June 26, 2018court rulingimmigrationexecutive powerconstitutional lawcivil libertiesimmigrationexecutive powerconstitutional law

Supreme Court upholds travel ban 5-4 in Trump v. Hawaii, endorsing broad INA § 212(f) plenary power

The Supreme Court upheld Presidential Proclamation 9645 (Travel Ban 3.0) in Trump v. Hawaii, 585 U.S. 667 (2018), ruling 5-4 that the president acted within his authority under INA § 212(f) to suspend entry of nationals from Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela, and Yemen. Chief Justice Roberts' majority opinion declined to look behind the order for anti-Muslim motive, deferring to executive national security judgment. Justice Sotomayor's dissent explicitly compared the ruling to Korematsu v. United States, which Roberts simultaneously repudiated as "gravely wrong the day it was decided."