Justice Kennedy's opinion in 2015 case looms in U.S. travel ban fight

[DonViejo]

Source: Reuters



Fri Feb 10, 2017 | 11:38am EST

By Lawrence Hurley | WASHINGTON

Justice Anthony Kennedy's legal reasoning in a little-noticed 2015 U.S. Supreme Court immigration ruling could play a pivotal role in deciding the fate of President Donald Trump's travel ban if the high court eventually decides the matter.

The case involved an Afghan-born naturalized U.S. citizen named Fauzia Din who argued she had the right for a full explanation from the U.S. government as to why her Afghan husband was denied entry. The justices ruled 5-4 against her.

On its face, the ruling would seem to help the administration in its defense of the president's Jan. 27 executive order, which temporarily barred entry into the United States by people from seven Muslim-majority nations and put on hold the entry of refugees. Lower courts have blocked the order, but the administration may ask the Supreme Court to revive it. But in a concurring opinion in the 2015 case, Kennedy wrote that in some circumstances the U.S. government's motives in denying someone entry could be subject to legal review. That reasoning was cited by the states of Washington and Minnesota in their lawsuit seeking to overturn Trump's ban.

Kennedy is a conservative justice who sometimes joins the court's four liberals and often casts the deciding vote in close cases.



Read more: http://www.reuters.com/article/us-usa-trump-immigration-court-kennedy-idUSKBN15P24R

[bucolic_frolic]

1. Dunno. This isn't denying "someone", it's denying "everyone"

and if religious bias is not a government motive in the current case, then what is?

[Honeycombe8]

2. Depends.

Depends on details about her husband. Why he was denied entry. If he was denied because there was a Muslim ban or travel ban....or if there was something in his past or unable to vet him.

I don't see that a ruling about one person pertains a travel ban based on religion, unless something links the two. Like a religious ban.

[DeminPennswoods]

3. It's about Due Process rights

As I understand it, everyone in America, whether citizen, green card or visa holder, is entitled to some form for Due Process. There is none in Trump's EO. While the President has a lot of power wrt immigration, it's not unlimited power. The DoJ lawyers claimed the EO was unreviewable but the 9th Circuit judges disagreed with that. Apparently they cited Kennedy's opinion. The interesting thing is that Kennedy is the SCOTUS justice who oversees the 9th circuit, so any petition from the WH would go to him first.