Tuesday 26 June 2018

Another victory for Fortress America

Every judge in the land pretty well was against the idea of Trump banning people coming into the US from several designated mostly Muslim nations (originally seven of them). It was unconstitutional, un-American and an abuse of presidential power. But now the Supreme Court in its wisdom has ruled exacty the oppositie. It IS within the power of the president to decide to ban these sort of people, provided he, the president, thinks it's in the interests of the country's national security. It's a victory for Trumpism. America First, Banning Muslims, Keeping America Safe etc etc. Federal and district judges in the lower courts concluded it was against all legal and constitutional principles and ordered an immediate lifting of the ban imposed by the White House. The US Supreme Court of course is a politically-appointed body of judges, with the Trump-appointed Neil Gorsuch sitting very much on the Trump platform. Of the nine Supreme Court judges, five were appointed by Republican presidents and four by Democratic presidents. The ruling on the Trump travel ban was 5-4 in favour of the president. You don't have to be a cynic to imagine that the legal discussions between the nine judges went along political as well as constitutional lines. The 5-4 conclusion was that the president was absolutely within his constitutional rights to ban whomever he wanted in the name of national security. No wonder the first tweet from Trump was all in capital letters! The Supreme Court often takes a different approach on the constitution from judges in lower courts. That's why all presidents end up going to the Supreme Court with their most treasured policies. Obama did it too. He went to the Supreme Court over his Obamacare health reform after judges elsewhere had said it was unconstitutional to force people to take up the health packages. The Supreme Court summing-up started by saying it WAS unconstitutional and the reporter from CNN rushed out to tell the world that the judges had ruled against Obama. But as the excited reporter gave her account before the cameras and explained what a mighty blow it was for Obama, the judges in their solemn and sombre manner went on to say that athough it was technically unconstitutional it wasn't in this case as Obama had won approval from Congress in a democratic vote. Poor CNN. Golden rule, never grab the first sentence of a Supreme Court ruling and run with it. Because the judges will very often say the immortal word..."But...." In the travel ban case there was no such confusion. The Chief Justice said Trump was in his rights and that was that. So it was the president himself who rushed into print. "WOW" was the word he chose to end his tweet.

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