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bigtree

(86,006 posts)
Tue Jun 26, 2018, 05:21 PM Jun 2018

Justice Sotomayor dissents in Trump v. Hawaii. She's mad.

Dan Epps @danepps 7h7 hours ago
Here's the beginning of Justice Sotomayor's dissent in Trump v. Hawaii. She's mad.




Adam Klasfeld @KlasfeldReports 6h6 hours ago
It's worth noting that Chief Justice Roberts formally repudiates the Korematsu decision here.




Justice Sotomayor writes, in her dissent, that while repudiating that "shameful precedent is laudable and long overdue," the majority "redeploys the same dangerous logic" for a new era.
https://assets.documentcloud.org/documents/4560160/SCOTUS-Trump-v-Hawaii-Justice-Sotomayor-dissenting.pdf




In Section B of Sotomayor’s dissent, she went into excruciating detail to show that Trump’s policy was motivated by bias against Muslims, largely by quoting Trump’s words and tweets. This ranged from his December 7, 2015, statement calling for “a total and complete shutdown of Muslims entering the United States until our country’s representatives can figure out what is going on” to his retweeting of anti-Muslim hate videos on November 29, 2017. She even explained “The Snake,” Trump’s favorite song to quote at rallies.
https://www.vox.com/2018/6/26/17505906/sonia-sotomayor-dissent-travel-ban-muslim-trump-ginsburg

Sotomayor concluded:

"Taking all the relevant evidence together, a reasonable observer would conclude that the Proclamation was driven primarily by anti-Muslim animus, rather than by the Government’s asserted national-security justifications. Even before being sworn into office, then-candidate Trump stated that “Islam hates us,” warned that “we’re having problems with the Muslims, and we’re having problems with Muslims coming into the country,” promised to enact a “total and complete shut down of Muslims entering the United States,” and instructed one of his advisers to find a “lega[l]” way to enact a Muslim ban. The President continued to make similar statements well after his inauguration, as detailed above."

"Moreover, despite several opportunities to do so, President Trump has never disavowed any of his prior statements about Islam. Instead, he has continued to make remarks that a reasonable observer would view as an unrelenting attack on the Muslim religion and its followers. Given President Trump’s failure to correct the reasonable perception of his apparent hostility toward the Islamic faith, it is unsurprising that the President’s law yers have, at every step in the lower courts, failed in their attempts to launder the Proclamation of its discriminatory taint."



Dan Epps @danepps
Justice Sotomayor's closing words in her Trump v. Hawaii dissent.




read her full dissent here: https://assets.documentcloud.org/documents/4560160/SCOTUS-Trump-v-Hawaii-Justice-Sotomayor-dissenting.pdf
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standingtall

(2,787 posts)
1. If anything the supreme courts decision today was worse than Korematsu
Tue Jun 26, 2018, 05:29 PM
Jun 2018

Korematsu was wrong but there was at least a logic reason to be paranoid. We were in the midst of world war 2 with Japan. The muslim ban is all conjecture and conspiracy theories.

Bernardo de La Paz

(49,047 posts)
6. Not worse & not logical. Korematsu imprisoned innocent CITIZENS.
Tue Jun 26, 2018, 06:29 PM
Jun 2018

Further, the idea that US citizens would override their allegiance to the USA in favor of their parent's birthplace or grandparent's birthplace was a prime example of conjecture and conspiracy theories.

standingtall

(2,787 posts)
8. And there is not the thought among todays right wing that United States citizens that are
Tue Jun 26, 2018, 06:41 PM
Jun 2018

muslim or immigrants from another country would override their allegiance to the U.S. in favor of their birth place or religion? Spies have always existed and Japan literally wanted to conquer the world. There is no muslim country today that is close to the equivalent of Japan during world war 2 and that is why today's ruling was worse.

suffragette

(12,232 posts)
3. Trump has been beating the drum about the entire immigration process being a national-security
Tue Jun 26, 2018, 05:37 PM
Jun 2018

threat.

I fear this ruling will only embolden him to ramp up his callous and cruel policies.

I completely agree with Sotomayor - I dissent.

Lonestarblue

(10,095 posts)
4. He's already doing it.
Tue Jun 26, 2018, 06:27 PM
Jun 2018

The military is building tent internment camps that will ve able to house as many as 100,000 migrants indefinitely. Once moved to a military base, the public will have no access to the migrants to learn what is being done to them. Today’s decision will just give Trump the idea that he can do anyth8ng he wants.

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