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President Biden repealed the Trump administration’s ban on entry to the United States for the 5 predominantly Muslim Countries on January 21 st2021, which at its time, was more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

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