5 Justices Stick to Constitutional Originalism


John R. Houk

© June 26, 2018

 

Well-Well. It looks like five Justices of the Supreme Court still adhere to the U.S. Constitution. At the same time it is evident there are four Justices that take to the fallacy of a Living Constitution, meaning activist Judges can interpret the Constitution according Leftist ideology rather than the Original Intent of the letter of the law.

 

  1. SCOTUS rules Pro-Life facilities cannot be forced to share information of State options to kill unborn babies.

 

  1. SCOTUS rules that the Office of President has the Constitutional ability to limit travel from nations that a National Security issue is apparent.

 

Both decisions were decided by a 5-4 vote.

 

Below are two Fox News stories with the details.

 

JRH 6/26/18

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Supreme Court rules in favor of pro-life crisis pregnancy centers in fight over California law

 

By Adam Shaw

June 26, 2018

Fox News

 

The Supreme Court ruled Tuesday in favor of pro-life crisis pregnancy centers that counsel pregnant women to make choices other than abortion, invalidating a California law requiring them to prominently post information on how to obtain a state-funded abortion.

 

The court, in a 5-4 ruling, said the state law likely violates the First Amendment. The court also cast doubts on similar laws in Hawaii and Illinois.

 

The state regulations, targeting centers that provide counseling-related services with the goal of helping women make choices other than abortion, demanded such centers prominently post information on how to obtain abortion and contraception.

 

The law also required unlicensed, non-medical facilities to inform clients that they are not licensed medical providers. If pregnancy centers fail to comply with the law, they’re fined $500 for a first offense and $1,000 for each subsequent offense, according to the law.

 

Pro-life groups had challenged the regulations, arguing that they violated their free speech rights under the First Amendment. Supporters of the law said that it was necessary since many women were unaware of the options available to them.

 

The 9th Circuit Court of Appeals rejected both arguments and upheld the law — arguing that the state could regulate professional free speech and the law protects public health interests. The Supreme Court reversed that judgement.

 

Justice Clarence Thomas said in his majority opinion, “California cannot co-opt the licensed facilities to deliver its message for it.” He also called the regulations for unlicensed facilities “unjustified and unduly burdensome.”

 

Thomas was joined by fellow conservative justices John Roberts, Anthony Kennedy, Samuel Alito and Neil Gorsuch. Dissenting were liberal justices Stephen Breyer, Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan.

 

Breyer, in his dissent, said among the reasons the law should be upheld is that the high court has previously upheld state laws requiring doctors to tell women seeking abortions about adoption services. “After all, the law must be evenhanded,” Breyer said.

 

California Attorney General Xavier Becerra called the ruling “unfortunate.”

 

“When it comes to making their health decisions, all California women — regardless of their economic background or zip code — deserve access to critical and non-biased information to make their own informed decisions,” Becerra said in a statement.

 

“Today’s Court ruling is unfortunate, but our work to ensure that Californians receive accurate information about their healthcare options will continue.”

 

Fox News’ Bill Mears, Madeline Farber and The Associated Press contributed to this report

Adam Shaw is a reporter covering U.S. and European politics for Fox News. He can be reached here.

 

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Supreme Court upholds Trump travel ban on some Muslim-majority nations

 

By Bill Mears

June 26, 2018

Fox News

 

The Supreme Court on Tuesday upheld President Trump’s controversial travel ban affecting several mostly Muslim countries, offering a limited endorsement of the president’s executive authority on immigration in one of the hardest-fought battles of this term.

 

The 5-4 ruling marks the first major high court decision on a Trump administration policy. It upholds the selective travel restrictions, which critics called a discriminatory “Muslim ban” but the administration argued was needed for security reasons.

 

In a written statement, Trump called the ruling “a tremendous victory for the American People and the Constitution.” As critics continued to decry the policy as “xenophobic,” Trump described the court decision as “a moment of profound vindication following months of hysterical commentary from the media and Democratic politicians who refuse to do what it takes to secure our border and our country.”

 

 

At issue was whether the third and latest version of the administration’s policies affecting visitors from five majority Muslim nations – known as travel ban 3.0 – discriminates on the basis of nationality and religion, in the government’s issuance of immigrant visas.

 

CLICK TO READ THE DECISION

 

Chief Justice John Roberts, who authored the conservative majority opinion, wrote that the order was “squarely within the scope of presidential authority” under federal law.

 

“The sole prerequisite set forth in [federal law] is that the president find that the entry of the covered aliens would be detrimental to the interests of the United States. The president has undoubtedly fulfilled that requirement here,” he wrote.

 

Associate Justice Sonia Sotomayor was among the court’s four liberals that wrote a dissent.

 

“This repackaging does little to cleanse [the policy] of the appearance of discrimination that the president’s words have created,” she said. “Based on the evidence in the record, a reasonable observer would conclude that the proclamation was motivated by anti-Muslim animus.”

 

She and Justice Stephen Breyer took the unusual step of reading their dissents from the bench.

 

While the policy was upheld, the case was sent back to the lower courts, which were told to rely on the Supreme Court’s interpretation of executive authority.

 

It was the first significant legal test so far of Trump’s policies and power and could lead to a precedent-setting expansion on the limits of presidential authority, especially within the immigration context.

 

Federal appeals courts in Virginia and California in recent months had ruled against the administration. The San Francisco-based 9th Circuit Court last December concluded Trump’s proclamation, like the two previous executive orders, overstepped his powers to regulate the entry of immigrants and visitors.

 

But the justices had allowed the current restrictions to be enforced at the Justice Department’s request, at least until the case was fully litigated.

 

The Trump administration also seemed to enjoy a favorable reception before the court during arguments in April. Associate Justice Samuel Alito, during those April arguments, noted that of the 50 or so mostly Muslim majority countries, only five were on the current banned list.

 

The White House had framed the issue as a temporary move involving national security.

 

A coalition of groups in opposition called the order blatant religious discrimination, since the countries involved have mostly Muslim populations: Iran, Libya, Sudan, Syria and Yemen. Chad was recently removed from the list after the administration said that country had beefed up its information-sharing.

 

A major sticking point for the justices was navigating how much discretion the president really has over immigration. Courts have historically been deferential in this area, and recent presidents from Jimmy Carter to Ronald Reagan to Barack Obama have used it to deny entry to certain refugees and diplomats, including nations such as Iran, Cuba and North Korea.

 

A 1952 federal law — the Immigration and Nationality Act, passed in the midst of a Cold War fear over Communist influence — historically gives the chief executive broad authority.

 

It reads in part: “Whenever the president finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may, may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.”

 

The administration strongly denies this is a “Muslim ban,” but federal judges across the country cited statements by then-presidential candidate Trump and his advisers, including a December 2015 campaign press release calling for such restrictions and citing “hatred” by “large segments of the Muslim population.”

 

The high court’s majority downplayed Trump’s campaign statements as a major factor in its decision.

 

“The issue before us is not whether to denounce the statements,” wrote Roberts. “It is instead the significance of those statements in reviewing a Presidential directive, neutral on its face, addressing a matter within the core of executive responsibility. In doing so, we must consider not only the statements of a particular President, but also the authority of the Presidency itself.”

 

Sixteen state leaders led by Texas were among a number of coalitions backing the Trump administration. But Hawaii officials, who filed the appeal contesting all of the president’s orders, said the president’s policies violate the Constitution’s guarantee of religious freedom:

 

“Any reasonable observer who heard the president’s campaign promises, read his thinly justified orders banning overwhelmingly Muslim populations, and observed his administration’s persistent statements linking the two, would view the order and each of its precursors as the fulfillment of the president’s promise to prohibit Muslim immigration to the United States.”

 

Trump’s first executive order was issued just a week after he took office, and was aimed at seven countries. It triggered chaos and protests across the U.S., as some travelers were stopped from boarding international flights and others detained at airports for hours. Trump modified the order after a federal appeals court refused to allow the ban to be enforced.

 

“This is not about religion — this is about terror and keeping our country safe,” the president said on Jan. 29, 2017.

 

The next version, unveiled weeks later, dropped Iraq from the list of covered countries and made it clear the 90-day ban covering Iran, Libya, Somalia, Sudan, Syria and Yemen didn’t apply to those travelers who already had valid visas. It also got rid of language that would give priority to religious minorities. Critics said the changes did not erase the legal problems with the ban.

 

When that second temporary travel ban expired in Sept. 24, it was replaced with Proclamation 9645 — what the administration said was a country-by-country assessment of security and cooperation with the U.S.

 

The Associated Press contributed to this report. 

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5 Justices Stick to Constitutional Originalism

John R. Houk

© June 26, 2018

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Supreme Court rules in favor of pro-life crisis pregnancy centers in fight over California law

 

And

 

Supreme Court upholds Trump travel ban on some Muslim-majority nations

 

This material may not be published, broadcast, rewritten, or redistributed. ©2018 FOX News Network, LLC. All rights reserved.

 

[Blog Editor: I did not ask permission to share the Fox News posts. If requested I will remove them.]

 

Author: oneway2day

I am a Neoconservative Christian Right blogger. I also spend a significant amount of time of exposing theopolitical Islam.

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