Blow to anti-discrimination advocates as justices rule 5-4 in favor of Trump administration after months of legal battles
The US supreme court has upheld Donald Trump’s travel ban targeting several Muslim-majority countries, in a significant victory for the administration and a blow to anti-discrimination advocates.
In a 5-4 ruling handed down on Tuesday, the court accepted the government’s argument that the ban was within the president’s power to craft national security policy and his authority to “suspend entry of aliens into the United States”.
Minutes after the ruling was issued, Trump tweeted: “SUPREME COURT UPHOLDS TRUMP TRAVEL BAN. Wow!”
Opponents of the ban have said it has not made the country safer, while singling out Muslims for unfair treatment and violating constitutional protections against discrimination on religious grounds.
Even as the court upheld the ban, chief justice John Roberts criticised Trump, and emphasised the importance of the principle of religious non-discrimination in US history.
“The president of the United States possesses an extraordinary power to speak to his fellow citizens and on their behalf,” Roberts wrote. “Our presidents have frequently used that power to espouse the principles of religious freedom and tolerance on which this nation was founded.”
Roberts pointed out that George W Bush defended “the true faith of Islam” after the September 11 attacks and said America is “a great country because we share the same values of respect and dignity and human worth”.
“Yet it cannot be denied,” Roberts wrote, “that the federal government and the presidents who have carried its laws into effect have – from the nation’s earliest days – performed unevenly in living up to those inspiring words.”
The lawyer who argued against the ban, Neal Katyal, tweeted that he was “disappointed by [the] decision” but that Trump “shouldn’t take ruling as approval to continue attacking our constitution. I will always fight it.”
Trump has issued three executive orders curbing travel from certain Muslim-majority countries. Lower courts have blocked various versions of the ban. The current order was allowed to come into full effect in December 2017.
The ban targets travelers from Syria, Iran, Libya, Yemen and Somalia. It also includes limited sanctions against North Korea and Venezuela.
Trump’s controversial ban was elevated to America’s highest court after several versions of the policy were rejected by the lower courts.
The president issued his first travel ban just a week after taking office in January 2017, prompting widespread chaos and protests at airports and in cities across the US. Although the administration sought to modify the policy to pass legal muster, different versions of the travel ban have since been rejected as unconstitutional by federal judges in Hawaii, California, Maryland and Virginia.
The appeals process ultimately forced the conservative-leaning supreme court to determine the validity of the travel ban, which in its third version seeks to bar or limit entry to immigrants from five Muslim-majority countries – Iran, Libya, Somalia, Syria and Yemen. The policy also imposed travel restrictions on certain government officials from Venezuela and their families, as well as North Korea, which were not challenged in court.
Oral arguments before the supreme court in April focused largely on Trump’s motivations in ordering the travel ban, given his sharp rhetoric against Muslims on the 2016 presidential campaign trail.
Opponents of the travel ban argued the policy was a watered-down attempt by Trump to make good on his campaign pledge to ban all Muslims from coming to the US. They also cited Trump’s repeated derogatory statements about Muslims and Islam, both as a candidate and since taking office, to demonstrate that the policy was rooted in religious discrimination.
While several of the supreme court justices acknowledged Trump’s record of espousing anti-Muslim views, chief justice John Roberts and Justice Anthony Kennedy, the two most likely swing votes, signaled they were reluctant to challenge the president’s authority on what he claims is a matter of national security. The bench also grappled with the relevance of campaign statements in assessing official policy.
While earlier versions of Trump’s travel ban indefinitely suspended all refugee admissions to the US, the president signed an executive order in October that resumed the processing of refugees. In doing so, Trump also called for a 90-day review of the program for 11 countries, most of them Muslim-majority, deemed as “high risk” by his administration.
Courtesy: www.theguardian.com
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Patna (PTI): One eye of a man who was shot at was found missing hours after his death at a state-run hospital in the Bihar capital, with doctors blaming rats for gnawing it and the deceased's family members suspecting foul play.
Fantush Kumar, who was admitted to Nalanda Medical College and Hospital (NMCH) in Patna after being shot at by unknown assailants on November 15, succumbed to his injuries on Friday night.
His body was kept on the ICU bed as post-mortem examination could not be conducted at night. The autopsy was conducted on Saturday morning.
"As the body was being brought from the morgue, we noticed that the left eye was missing and a surgical blade was lying on the stretcher beside the body," a family member said.
The family members alleged negligence and foul play, while some doctors suspected that rats might have gnawed the eye.
Speaking to reporters, NMCH medical superintendent Binod Kumar Singh said, "A medical team has been constituted to probe the matter. It's a serious issue and strict action must be taken against those found guilty."
"A group of doctors suspect that rats might have gnawed the eye. All aspects pertaining to the incident are being probed. We are also waiting for the autopsy report," he said.
"How the eye was gouged out can only be known after receiving the autopsy report. The hospital administration has also lodged a formal complaint with the Alamganj police station in this regard," the medical superintendent said.
Speaking to PTI on Sunday, Rajiv Kumar, Station House Officer (SHO) of Alamganj police station, said, "A case has been registered on the basis of a formal complaint filed by the hospital administration. We are examining the CCTV footage of the hospital and also sought clarifications from the doctors who performed the post-mortem examination. We are also examining family members of the deceased as well as other hospital staffers. The case is being investigated from all angles."
Family members of the deceased have not lodged any complaint so far.