Tuesday, June 26, 2018
In a 5-4 decision, the Supreme Court, in an opinion by Chief Justice Roberts, upheld the travel ban. The Court found that "The Proclamation is squarely within the scope of Presidential authority under the" Immigration and Nationality Act.
The Chief's opinion was joined by Justices Kennedy, Thomas, Alito, and Gorsuch. Justices Kennedy and Thomas filed concurring opinions. Justice Breyer filed a dissenting opinion, in which Justice Kagan joined. Justice Sotomayor filed a dissenting opinion, in which Justice Ginsburg joined.
The decision no doubt will be declared a victory by the Trump administration and criticized by opponents of the travel ban. Stay tuned for analysis.
UPDATE: Here is Amy Howe's analysis on SCOTUSBlog. SCOTUSBlog is running a symposium on the decision. Here is the contribution of Shoba Wadhia. Peter Margulies on Lawfare criticizes the Court's statutory analysis. His contribution begins as follows: