American Constitution Society: Plenary Power Not a Blank Check (Op-Ed)

The American Constitution Society (ACS) is a progressive legal organization with the stated mission to "promote the vitality of the U.S. Constitution and the fundamental values it expresses: individual rights and liberties, genuine equality, access to justice, democracy and the rule of law."

A note that this is an op-ed in anticipation of the Supreme Court decision regading the Muslim Ban. Ultimately, in an opinion by Chief Justice Roberts on June 26, 2018, the Court ruled 5-4 in favor of the third iteration of the Muslim Ban in Trump v. Hawaii. The Court found that the president lawfully exercised his broad discretion under INA 212(f), 8 U.S.C. §1182(f), to suspend the entry of "aliens" into the U.S. and that respondents did not demonstrate a likelihood of success on the merits of their claim that Presidential Proclamation No. 9645 violated the Establishment Clause. J. Kennedy and J. Thomas filed concurring opinions. J. Breyer filed a dissenting opinion that J. Kagan joined. J. Sotomayor filed a dissenting opinion that J. Ginsburg joined. J. Sotomayor criticized the majority for "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 U.S. citizens."