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BREAKING: Supreme Court UPHOLDS President Trump’s Travel Ban

   DailyWire.com

In a 5-4 decision, the Supreme Court Tuesday upheld President Donald Trump’s temporary travel ban, affecting several countries recognized as state sponsors of terror.

Chief Justice John Roberts wrote the opinion and, it appears, both Justice Neil Gorsuch and Justice Anthony Kennedy agreed with the majority, handing Donald Trump’s Justice Department a much-needed win on the issue.

The Court’s language was strong, with Roberts noting that the president “lawfully exercised the broad discretion granted to him under Section 1182(f) to suspend the entry of aliens into the United States.”

The Court also noted that the president’s interest in preserving national security, particularly in light of terrorism concerns, overrides concerns pertaining to the free exercise of religion as codified in the First Amendment’s Establishment Clause. Opponents of the ban had tried to make the case that, because the ban affected several Muslim countries, the religion itself was targeted.

In that case, the Court stuck to the traditional “strict scrutiny” standard, writing that the president must have a compelling reason to override guarantees of religious freedom, and in the case of the travel ban, it is entirely possible that the danger of importing known terrorists or supporters of terror outweigh potential First Amendment concerns. Opponents of the ban had asked the Court to apply a more lenient, “rational basis” standard.

The Court did not appear to agree on the matter, even considering the president’s tweets about Islam.

Because this was a decision merely on an injunction, keeping the travel ban from being fully enacted, the decision will now return to the lower courts, who granted the injunction pending the outcome of travel ban challenges.

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