Short view: Biden’s decision to reverse Trump’s Muslim ban — Law Insider

Tanvi Sinha

President Biden repealed the Trump administration’s ban on entry to the United States for the 5 predominantly Muslim Countries on January 21 st2021, which at its time, was more popularly known as “Trump’s ban on Muslims to America.”

The controversial move at the time was actually upheld by the Supreme Court at the time, when it stated that with its decision in Trump v. Hawaii the decision was valid in a vote of 5 to 4.

The majority judgement was passed by the Judges by taking references from the Trump vs. Hawaii case which concluded that the move was not done out of religious bias.

Trump V. Hawaii was an 87 pages long judgement where the majority judgement of Chief Justice John Roberts, Justices Anthony Kennedy and Clarence Thomas was taken over the dissenting minority opinion of Justices Stephen Breyer and Sonia Sotomayor.

The majority judgement in the case looked only at the text and not the situations and nuances surrounding the text. Justice John Roberts had stated that the text says nothing about religion, hence the prohibition could not possibly be about the same.

The dissenting opinion took up on that and said that the context in which the text was printed said everything needed to be said about the law that Trump was trying to pass. Justice Sotomayor in her dissenting opinion said that the text was a politically correct way of keeping Muslims away from the country.

Originally published at https://www.lawinsider.in on January 28, 2021.

Legal News Network

Love podcasts or audiobooks? Learn on the go with our new app.

Recommended from Medium

I’m Running for Congress as a Progressive Democrat

Let Us Dedicate Ourselves to Tame the Savageness of Man and Make Gentle the Life of this World

Bernie Sanders Wrote About Trump’s Lies Early In 2017

How military veterans are answering the call to defend Black lives

Donald Trump opens new page in history of the United States

The Integrity of America and The Human Race Is At Stake

Joe Biden’s Support From Black Voters Is a Grandfather Clause

NJ Election Info and Resources

Get the Medium app

A button that says 'Download on the App Store', and if clicked it will lead you to the iOS App store
A button that says 'Get it on, Google Play', and if clicked it will lead you to the Google Play store
Law Insider

Law Insider

Legal News Network

More from Medium

Ted Wheeler the Visionary and what he Knows as Mayor of Portland

Even a Failed Coup Can Destroy Democracy — Indi Warned Us

SCOTUS is legislating too much; It’s time to rebalance the Court

How Mainstream Media Help the GOP by Blaming “Congress” for McConnell’s Actions