The Supreme Court has agreed to hear the first major test of the scope of executive power to protect national security since Neil Gorsuch joined the Court as associate justice.
Monday morning, the high court announced it will determine the legality of Donald Trump’s executive order establishing a Muslim travel ban when it reconvenes the first Monday in October.
In the meantime, the high court allowed parts of the ban to go into effect. Trump can now exclude foreign nationals who lack any bona fide relationship with a person or entity, such as a school, in the United States.
The high court’s majority ruling was signed “per curiam” (by the court), meaning that no justice took responsibility for writing it. Three justices — Clarence Thomas, Samuel Alito and Neil Gorsuch — dissented from the majority ruling, saying they would have upheld the exclusion of everyone covered by Trump’s ban without limitation. Gorsuch’s dissent, while perhaps not unexpected coming from a person who obediently defended torture, warrantless surveillance and runaway executive power under the Bush administration, portends a far-right tilt for the court’s newest justice.Read more