Liberal heads are exploding all over the country. The US Supreme Court actually applied the Constitution to their arguments and found those arguments wanting. Here’s [1] the text of the ruling.
Of particular note…
Finally, the dissent invokes Korematsu v. United States, 323 U. S. 214 (1944). Whatever rhetorical advantage the dissent may see in doing so, Korematsu has nothing to do with this case. The forcible relocation of U. S. citizens to concentration camps, solely and explicitly on the basis of race, is objectively unlawful and outside the scope of Presidential authority. But it is wholly inapt to liken that morally repugnant order to a facially neutral policy denying certain foreign nationals the privilege of admission.
If that doesn’t poke a hole in the left’s arguments about this, I don’t know what does. The court is clearly drawing a very thick- line distinction between citizens and non-citizens as they should. Citizenship may not mean much to the left, but it means a great deal to the constitution and those that follow it.
See post, at 26–28. The entry suspension is an act that is well within executive authority and could have been taken by any other President—the only question is evaluating the actions of this particular President in promulgating an otherwise valid Proclamation.
Exactly so. The objection here the court sees clearly is an objection to the president himself, not to the order given. Any Democrat would have gotten by with it.
It’s nice to have a Supreme court that has a fairly decent grip on reality.
The dissent’s reference to Korematsu, however, affords this Court the opportunity to make express what is already obvious: Korematsu was gravely wrong the day it was decided, has been overruled in the court of history, and—to be clear—“has no place in law under the Constitution.” 323 U. S., at 248 (Jackson, J., dissenting).
(emphasis is mine)
Glenn Reynolds [2] also observes the ruling and says:
.Ouch. I believe this is also a formal overruling of Korematsu, since it’s signed by 5 justices. Note that FDR’s action is properly characterized here as racist.
So, not only is their current argument defeated both in court and logically but their icon was taken down a peg too.
About time.