Trump Has Been Losing So Much That Republicans Are Celebrating A Partial Win On His Muslim Ban

Trump has been losing so much so often during his presidency that even a partial Supreme Court win on his Muslim ban has become a cause for celebration for a party that has seen a president do nothing but watch Fox News, play golf, and lose.

In their decision, the Court sided with the president’s power to protect national security:

Denying entry to such a foreign national does not burden any American party by reason of that party’s relationship with the foreign national. And the courts below did not conclude that exclusion in such circumstances would impose any legally relevant
hardship on the foreign national himself. See id ., at 762 (“[A]n unadmitted and nonresident alien . . . ha[s] no constitutional right of entry to this country”). So whatever burdens may result from enforcement of §2(c) against a foreign national who lacks any connection to this country, they are, at a minimum, a good deal less concrete than the hardships identified by the courts below.

At the same time, the Government’s interest in enforcing §2(c), and the Executive’s authority to do so, are un-doubtedly at their peak when there is no tie between the foreign national and the United States. Indeed, EO–2 itself distinguishes between foreign nationals who have some connection to this country, and foreign nationals who do not, by establishing a case-by-case waiver system primarily for the benefit of individuals in the former category. See, e.g., §§3(c)(i)–(vi). The interest in preserving national security is “an urgent objective of the highest order.” Holder v.Humanitarian Law Project, 561 U. S. 1,28 (2010). To prevent the Government from pursuing that objective by enforcing §2(c) against foreign nationals unconnected to the United States would appreciably injure its interests, without alleviating obvious hardship to anyone else.

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Relatives, students, and employees who have a connection to the US from the six Muslim countries in Trump’s executive order can’t be banned. Random people who have no connection to the US can be banned. The same rule applies to banning refugees as well.

Trump hasn’t even been in office for six months, but Republicans are so tired of losing under this president that they are hailing a partial win as a parade worthy moment.

Republicans control the House, Senate, and the White House, and all they have to show for it is one lousy semi win on a temporary ban.

Sad!

Jason Easley

Jason is the managing editor. He is also a White House Press Pool and a Congressional correspondent for PoliticusUSA. Jason has a Bachelor’s Degree in Political Science. His graduate work focused on public policy, with a specialization in social reform movements.

Awards and  Professional Memberships

Member of the Society of Professional Journalists and The American Political Science Association