US Supreme Court obswervers believe the ruling will rest on Justice Kennedy…..
He will could be the swing vote….
Soem reasoning is…..
If the court looks at the ban as a Religious test, not just a President’s action on immigration?
Things could move against the President’s action in the fibnal decision ….
The Supreme Court will close out arguments for the term on Wednesday by weighing the constitutionality of President Trump’s third attempt to block nationals from majority-Muslim countries from entering the United States.
Hawaii’s state government, the Muslim Association of Hawaii and three individuals have been battling different iterations of the ban Trump contends is needed for national security for the last 15 months, arguing it’s tainted with animus towards Muslims.
Hawaii argues the latest ban unconstitutionally discriminates against Muslims and exceeds the president’s powers over immigration delegated to him by Congress.
The administration says the president has broad constitutional and statutory authority to limit immigration.
The Supreme Court initially agreed to consider Trump’s second order, which banned people from Iran, Libya, Syria, Yemen, Somalia and Sudan. It then dismissed that case as moot when the ban expired before the scheduled arguments.
Trump’s latest ban, issued by a presidential proclamation, swaps Sudan for Chad, and made the restrictions on travelers from the effected countries indefinite. Chad has since been dropped from the list.
The proclamation also included new restrictions on nationals from North Korea and government officials from Venezuela, but those provisions are not being challenged in this case.
In December, a majority of justices agreed to allow the president’s full ban to take effect, temporarily blocking a Ninth Circuit Court order that kept the administration from banning the entry of foreign nationals who have a bona fide relationships with a person or entity in the U.S.
Justices Sonia Sotomayor and Ruth Bader Ginsburg were the only justices that publicly said that they would not have let the ban go into effect…..