Sotomayor’s Dissent from Upholding of Travel Ban

The introductory paragraph follows but read it in full here; a worthy dissent to an appalling, if unsurprising, ruling:

The United States of America is a Nation built upon the promise of religious liberty. Our Founders honored that core promise by embedding the principle of religious neu­trality in the First Amendment. The Court’s decision today fails to safeguard that fundamental principle. It leaves undisturbed a policy first advertised openly and unequivocally as a “total and complete shutdown of Mus­lims entering the United States” because the policy now masquerades behind a façade of national-security con­cerns. But this repackaging does little to cleanse ­Presidential Proclamation No. 9645 of the appearance of dis­crimination that the President’s words have created. Based on the evidence in the record, a reasonable observer would conclude that the Proclamation was motivated by anti-Muslim animus. That alone suffices to show that plaintiffs are likely to succeed on the merits of their Establishment Clause claim. The majority holds otherwise by ignoring the facts, misconstruing our legal precedent, and turning a blind eye to the pain and suffering the Procla­mation inflicts upon countless families and individuals, many of whom are United States citizens. Because that troubling result runs contrary to the Constitution and our precedent, I dissent.

Apparently, Roberts wants a place in history as Trump’s Carl Schmitt. And the fig leaf of cancelling Korematsu when you’re repeating its sins is just the icing on the cake. Shameful.

But for god’s sake, be nice to those five justices if you see them out and about! We can’t have them disturbed, not one little bit. That’d be fascism.