Among the top worst

David Cole, national legal director of the ACLU, on today’s Supreme Court fubar:

The Supreme Court’s approval of President Trump’s travel ban barring entry to some 150 million people from five overwhelmingly Muslim countries is likely to be judged by history as one of the court’s greatest failures — in a league with Dred Scott v. Sandford, which helped bring on the Civil War, and Korematsu v. United States, which upheld the wartime detention of more than 110,000 Japanese Americans and noncitizens of Japanese descent.

Gee, what might the common element be? Singling out a particular group – a non-white group – for Special Treatment and thus general social odium? Yes, that’s the one.

Chief Justice John G. Roberts Jr., perhaps recognizing the disturbing parallels, sought to distance the court from this critique by declaring, nearly 75 years after the fact, that Korematsu “was gravely wrong the day it was decided” and that it has “nothing to do with this case.” But it has everything to do with this case: In Trump v. Hawaii, as in Korematsu and Dred Scott, the court was asked to stand up for the rights of the vulnerable against the biases of the powerful — and failed.

Refused. It’s not as if the 5 tried and failed; they refused.

In Trump v. Hawaii, there was overwhelming evidence that Trump’s ban targeted Muslims. As a presidential candidate, Trump called for “a total and complete shutdown of Muslims entering the United States,” because, he asserted, “Islam hates us.” He explained that he would do so by using territories as a proxy for religion, because “people were so upset when I used the word Muslim.” One week after taking office, he did just that. In case there were any doubt, he said in an interview with the Christian Broadcasting Network that day that the order would give priority to Syrian Christians over Muslim refugees.

The foreigner has no rights which the Trump man is bound to respect.

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