Of course, what’s not shown in this flowchart is Trump’s campaign proposal to stop all Muslims from coming to the US — a point that opponents of the ban argued revealed the fundamentally anti-Muslim (and hence unconstitutional) nature of the ban.
Justice Sonia Sotomayor pointed out this line of events in her dissent: “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.”
To be clear, Tuesday’s ruling doesn’t explicitly rule on the merits of the ban. It sends it back for the 9th Circuit Court to reconsider — but the Supreme Court’s decision makes it difficult for courts to strike down the ban.
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