Boston Herald

Presidenti­al power gets key win if travel ban OK’d

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Limiting the president’s purview over national security presents a slippery slope whose effects impact not only the present holder of that office but also future presidents’ ability to protect this country from perceived threats.

That, according to published reports, seemed to be the consensus after arguments before the Supreme Court last Wednesday on the constituti­onality of President Trump’s travel ban affecting the Muslim-majority countries of Iran, Libya, Somalia, Syria and Yemen, as well as North Korea and Venezuela.

While reading into justices’ questions can often lead to erroneous conclusion­s, the scope of those queries would suggest the majority of the High Court will side with the Trump administra­tion’s contention that this ban seeks to address a valid national security concern and so represents a reasonable exercise of executive power.

The court already showed its hand when justices allowed the travel ban to take effect temporaril­y in December by a 7-2 vote, with Justices Ruth Bader Ginsburg and Sonia Sotomayor opposed.

While the justices’ decision probably won’t be known until sometime in June, an affirmatio­n of that ban would be a stunning reversal of lower court rulings, which stymied Trump’s efforts by determinin­g it discrimina­ted against people of a certain nationalit­y or religion, since it primarily pertained to Muslim countries.

Those previous decisions also took into considerat­ion the polarizing anti-Muslim rhetoric Trump espoused on the campaign trail when he was candidate Trump. While the High Court acknowledg­ed Trump’s behavior, it appeared willing to separate the candidate from the office of president, which historical­ly has exercised wide latitude on issues of national security.

Despite its ideologica­l difference­s, the Supreme Court justices’ ability to dispassion­ately probe the merits of arguments for and against the ban — made by Solicitor General Noel Francisco and lawyer Neal Katyal respective­ly — present a stark contrast to the politicall­y biased lens through which most debate occurs in Congress.

On Wednesday, Justice Anthony Kennedy, usually a swing vote on the court, sharply questioned Katyal and Francisco over concerns that individual­s who felt discrimina­ted against had a legal recourse to seek an exemption from the order, rather than any serious issue with the ban itself.

Francisco dismissed the contention that the countries included in this order amount to a Muslim ban, since the vast majority of Muslim-majority nations and their citizens retain the ability to visit the United States or legally establish residence here.

In effect, Trump and his national-security team simply went where the evidence took them in formulatin­g this travel ban.

Trump, thanks to the rationalit­y of the court, appears headed for a major legal victory that also protects the ability of his presidenti­al successors to safeguard national security interests.

 ?? AP PHOTO ?? RULING ANTICIPATE­D: The Supreme Court appears primed to allow President Trump’s controvers­ial travel ban.
AP PHOTO RULING ANTICIPATE­D: The Supreme Court appears primed to allow President Trump’s controvers­ial travel ban.

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