It appears that the Battle Royale over immigration is on. The Supreme Court issued the following order: “We grant the petitions for certiorari and grant the stay applications in part.” The Court also reversed in the state in the major religious clause case in Trinity Lutheran.
Here is the stay language: “We grant the Government’s applications to stay the injunctions” blocking the implementation of the ban “to the extent the injunctions prevent enforcement of Section 2(c).” Section 2(c) deals with the suspension of entry from six countries and “foreign nationals who lack any bona fide relationship with a person or entity in the United States.”
Here is the money quote:
“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,” the Court wrote. “As to these individuals and entities, we do not disturb the injunction. But when it comes to refugees who lack any such connection to the United States, for the reasons we have set out, the balance tips in favor of the Government’s compelling need to provide for the Nation’s security.”
The parties will not be affected, but it is a victory for the Trump Administration in staying those who want to come without family in the country or other bona fide relationship. As previously discussed, I believe that the odds favor the Administration in prevailing in the long run.
Here is the immigration order: Order
In Trinity Lutheran, the Eighth Circuit is reversed. Roberts wrote: “the exclusion of Trinity Lutheran from a public benefit for which it is otherwise qualified, solely because it is a church, is odious to our Constitution all the same, and cannot stand.”
Notably, the four split on a footnote that limited the impact of the decision: “This case involves express discrimination based on religious identity with respect to playground resurfacing. We do not address religious uses of funding or other forms of discrimination.” Only four justices would sign off on the footnote: Roberts, Kennedy, Alito, and Kagan.
Here is the decision: Trinity Lutheran