'Travel Ban' Survives, But Court Sets Bad Precedent

'Travel Ban' Survives, But Court Sets Bad Precedent

A slim five-justice Supreme Court majority upheld President Donald Trump's suspension of immigrant visas from eight security-compromised countries last week, overturning a lower court injunction against it. In dissent, Justice Sonia Sotomayor alleged that the suspension of travel from those countries constituted a “discriminatory policy,” intended to exclude Muslims from the United States. Sotomayor never mentions the fact that only 8 percent of the global Muslim population is affected by the 2017 travel suspension; if excluding all Muslims was the aim of that policy, its drafters failed miserably. Though lacking a majority, Sotomayor's dissent, joined by Justice Ruth Bader Ginsburg, nevertheless augurs the spread of victim ideology and its legal counterpart, disparate-impact analysis, beyond domestic policy to international affairs.

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