The Supreme Court of the United States will hear the case regarding President Trump’s travel ban executive order sometime in October and until that day, it allowed for most of its effects to go forward, hence the “partially” particle in the title. The thing is, Monday’s ruling, which is widely regarded as a victory for the POTUS is actually just another way of ferreting with words on behalf of SCOTUS’ justices.
While today’s decision from the Supreme Court can be viewed as a slap on the wrist with regard to the previous lower-court rulings which blocked President Trump’s travel ban exec-order from producing effects, there’s a major caveat in the court’s ruling. Following today’s decision, Trump’s temporary travel ban exec order will go into full effect in 72 hours, but it will not be enforced on a wide category of people who, let me quote from the Court’s ruling:
“An American individual or entity that has a bona fide relationship with a particular person seeking to enter the country as a refugee can legitimately claim concrete hardship if that person is excluded,”
That’s legalese in its purest form as it doesn’t explain what a bona fide relationship means, nor what’s a legitimate claim of hardship and so on and so forth, meaning that immigration lawyers will make a lot of money until October.
Truth be told, this is not a full fledged victory, but a partial one, as Donald Trump saw a revival of a narrowed travel ban which cannot be applied to a wide category of immigrants, the ones with a “credible claim of a bona fide relationship with a person or entity in the United States.” , whatever that means. The ban also excepts those who have accepted a job offer in the US, people admitted to a university and folks visiting a close family member.
The problem is that any of the hundreds of activist judges in lower courts can still strike down any Presidential Order any time they want for absolutely any limp excuse they want to fabricate on the spot, i.e. they legislate from the bench which is unconstitutional. And that’s because the lower courts know the law of the land and the Constitution’s provisions, they just don’t like it as it goes against their “progressive” agenda.
In which case President Trump had better issue orders to all federal agencies (like DHS) to simply IGNORE such unlawful rulings. Enough is enough. Plain and simple.