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Breaking: US Supreme Court Upholds President Trump's Travel Ban

June 26, 2018
3 min read
The US Supreme Court
Breaking: US Supreme Court Upholds President Trump's Travel Ban
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The US Supreme Court decided Tuesday to uphold President Donald Trump's controversial travel ban.

The Court's ruled with a 5-4 vote on the third version of the ban, which was rolled out in its entirety in the fall of 2017 and prohibits entry into the US by most travelers from a total of eight countries, six of which are majority Muslim.

The Trump administration had argued to the Court's justices that the travel ban was not a so-called Muslim ban, and that it is within the rights of the president to set travel restrictions for the nation.

Chief Justice John Roberts, joined by the Court's four other conservative justices, wrote the majority opinion, which rejected the idea that the ban was targeting Muslim travelers and noted that the president has significant power to regulate immigration. Roberts was sure to note the majority justices "express no view on the soundness of the policy."

Writing for the dissent was Justice Sonya Sotomayor, joined by Justices Stephen Breyer, Ruth Bader Ginsburg and Elena Kagan.

"A reasonable observer would conclude that the Proclamation was motivated by anti-Muslim animus," Sotomayor wrote, adding that her conservative counterparts arrived at their ruling by "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."

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The first version of the travel ban was implemented as an executive order by President Trump in January 2017. After being blocked in February 2017 by a federal judge in Seattle, the ban was revised several times. The version of the travel ban that was ruled upon by the Court on Tuesday was released in June 2017 and bars citizens of six Muslim-majority countries (Iran, Syria, Libya, Somalia, Yemen and Sudan) from entering the US unless they had a “bona fide” relationship with a person or entity in America. In September 2017, the administration also added new travel restrictions to Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela and Yemen that were slowly phased in until December 2017.

Earlier this spring, Trump removed one country from the travel ban list — the African nation of Chad. Trump signed a proclamation saying that Chad had “improved its identity-management and information sharing practices,” and would be removed from the travel ban.

Supreme Court watchers noted in April that the justices seemed to favor upholding the ban after hearing arguments for the first time, with the Court's conservative justices, who outnumber their liberal colleagues, alluding to the fact that they were against repealing the ban.

This is a developing story and will be updated as more information becomes available.

H/T: Associated Press

*This post has been updated with details from both the Court's majority and dissenting opinions.

Featured image by Getty Images

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Apply for American Express® Gold Card
at American Express's secure site
Terms & restrictions apply. See rates & fees
Best for dining at restaurants
TPG Editor‘s Rating
4 / 5
Go to review

Rewards Rate

4XEarn 4X Membership Rewards® points per dollar spent on purchases at restaurants worldwide, on up to $50,000 in purchases per calendar year, then 1X points for the rest of the year.
4XEarn 4X Membership Rewards® points per dollar spent at US supermarkets, on up to $25,000 in purchases per calendar year, then 1X points for the rest of the year.
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1XEarn 1X Membership Rewards® point per dollar spent on all other eligible purchases.
  • Intro Offer

    As High As 100,000 points. Find Out Your Offer.
  • Annual Fee

    $325
  • Recommended Credit

    Excellent to Good

Why We Chose It

There’s a lot to love about the Amex Gold. It’s a fan favorite thanks to its fantastic bonus-earning rates at restaurants worldwide and at U.S. supermarkets. If you’re hitting the skies soon, you’ll also earn bonus Membership Rewards points on travel. Paired with up to $120 in Uber Cash annually (for U.S. Uber rides or Uber Eats orders, card must be added to Uber app and you can redeem with any Amex card), up to $120 in annual dining statement credits to be used with eligible partners, an up to $84 Dunkin’ credit each year at U.S. Dunkin Donuts and an up to $100 Resy credit annually, there’s no reason that foodies shouldn’t add the Amex Gold to their wallet. These benefits alone are worth more than $400, which offsets the $325 annual fee on the Amex Gold card. Enrollment is required for select benefits. (Partner offer)

Pros

  • 4 points per dollar spent on dining at restaurants worldwide and U.S. supermarkets (on the first $50,000 in purchases per calendar year; then 1 point per dollar spent thereafter and $25,000 in purchases per calendar year; then 1 point per dollar spent thereafter, respectively)
  • 3 points per dollar spent on flights booked directly with the airline or with amextravel.com
  • Packed with credits foodies will enjoy
  • Solid welcome bonus

Cons

  • Not as useful for those living outside the U.S.
  • Some may have trouble using Uber and other dining credits
  • You may be eligible for as high as 100,000 Membership Rewards® Points after you spend $6,000 in eligible purchases on your new Card in your first 6 months of Card Membership. Welcome offers vary and you may not be eligible for an offer. Apply to know if you’re approved and find out your exact welcome offer amount – all with no credit score impact. If you’re approved and choose to accept the Card, your score may be impacted.
  • Earn 4X Membership Rewards® points per dollar spent on purchases at restaurants worldwide, on up to $50,000 in purchases per calendar year, then 1X points for the rest of the year.
  • Earn 4X Membership Rewards® points per dollar spent at US supermarkets, on up to $25,000 in purchases per calendar year, then 1X points for the rest of the year.
  • Earn 3X Membership Rewards® points per dollar spent on flights booked directly with airlines or on AmexTravel.com.
  • Earn 2X Membership Rewards® points per dollar spent on prepaid hotels and other eligible purchases booked on AmexTravel.com.
  • Earn 1X Membership Rewards® point per dollar spent on all other eligible purchases.
  • $120 Uber Cash on Gold: Add your Gold Card to your Uber account and get $10 in Uber Cash each month to use on orders and rides in the U.S. when you select an American Express Card for your transaction. That’s up to $120 Uber Cash annually. Plus, after using your Uber Cash, use your Card to earn 4X Membership Rewards® points for Uber Eats purchases made with restaurants or U.S. supermarkets. Point caps and terms apply.
  • $84 Dunkin' Credit: With the $84 Dunkin' Credit, you can earn up to $7 in monthly statement credits after you enroll and pay with the American Express® Gold Card at U.S. Dunkin' locations. Enrollment is required to receive this benefit.
  • $100 Resy Credit: Get up to $100 in statement credits each calendar year after you pay with the American Express® Gold Card to dine at U.S. Resy restaurants or make other eligible Resy purchases. That's up to $50 in statement credits semi-annually. Enrollment required.
  • $120 Dining Credit: Satisfy your cravings, sweet or savory, with the $120 Dining Credit. Earn up to $10 in statement credits monthly when you pay with the American Express® Gold Card at Grubhub, The Cheesecake Factory, Goldbelly, Wine.com, and Five Guys. Enrollment required.
  • Explore over 1,000 upscale hotels worldwide with The Hotel Collection and receive a $100 credit towards eligible charges* with every booking of two nights or more through AmexTravel.com. *Eligible charges vary by property.
  • No Foreign Transaction Fees.
  • Annual Fee is $325.
  • Terms Apply.