Sonia Sotomayor Delivers Fiery Dissent in Travel Ban Case ~ NYT

One of Justice Sonia Sotomayor’s most striking decisions in her dissent was to repeat the words of the president himself. Credit Jonathan Ernst/Reuters

WASHINGTON — Chief Justice John G. Roberts Jr., reading for the majority on Tuesday morning, spoke clinically. Justice Stephen G. Breyer followed, working his way through his dissent mildly and analytically.

Then it was Justice Sonia Sotomayor’s turn.

Steely and unwavering, she began: “The United States of America is a nation built upon the promise of religious liberty. Our founders honored that core promise by embedding the principle of religious neutrality in the First Amendment.”

The crowded courthouse fell silent.

In upholding President Trump’s ban on travel from several predominantly Muslim countries, Justice Sotomayor continued, the Supreme Court had failed to “safeguard that fundamental principle.”

For the next 20 minutes, she remained resolute as she delivered an extraordinarily scorching dissent, skewering the court’s decision and condemning the ban as “harrowing” and “motivated by hostility and animus toward the Muslim faith.”

 

Justice Sotomayor once said that “personal experiences affect the facts that judges choose to see.” She again drew upon that idea in her dissent on Tuesday, in which she accused the majority of “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 United States citizens.”

That was the crux of the Justice Sotomayor’s damning conclusion: The president’s ban is “inexplicable by anything but animus,” and to argue anything else is to divorce oneself from the facts.

The court voted 5 to 4, with the more conservative justices in the majority and with Justice Breyer writing his own dissent. Justice Ruth Bader Ginsburg joined Justice Sotomayor’s.

Justice Sotomayor chose her words carefully and sharply, at one point charging that Mr. Trump’s policy “now masquerades behind a facade of national security concerns.”

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