WASHINGTON: The Supreme Court is saving one of its biggest cases for last. The justices are hearing arguments Wednesday over President Donald Trump’s ban on travelers from several mostly Muslim countries.
It’s the last case the justices will hear until October.
The Trump administration is asking the court to reverse lower court rulings striking down the ban. The policy has been fully in effect since December, but this is the first time the justices are considering whether it violates immigration law or the Constitution.
The court will consider whether the president can indefinitely keep people out of the country based on nationality. It will also look at whether the policy is aimed at excluding Muslims from the United States.
People have been waiting in line for a seat for days. In another sign of heightened public interest, the court is taking the rare step of making an audio recording of the proceedings available just hours after the arguments end. The last time was the gay marriage arguments in 2015.
The travel ban is the first Trump policy to undergo a full-blown Supreme Court review. The justices are looking at the third version of a policy that Trump first rolled out a week after taking office, triggering chaos and protests across the US as travelers were stopped from boarding international flights and detained at airports for hours. The first version was blocked by courts and withdrawn. Its replacement was allowed to take partial effect but expired in September.
The current version is indefinite and now applies to travelers from five countries with overwhelmingly Muslim populations — Iran, Libya, Somalia, Syria and Yemen. It also affects two non-Muslim countries: blocking travelers from North Korea and some Venezuelan government officials and their families. A sixth majority Muslim country, Chad, was removed from the list this month after improving “its identity-management and information sharing practices,” Trump said in a proclamation.
Trump’s campaign pledge to shut down Muslim entry into the US, his presidential tweets about the travel ban and last fall’s retweets of inflammatory videos that stoked anti-Islam sentiment all could feature in the justices’ questioning of Solicitor General Noel Francisco, defending the ban, and Neal Katyal, the former acting solicitor general under President Barack Obama. Katyal is representing the challengers.
The administration has argued that courts have no role to play because the president has broad powers over immigration and national security, and foreigners have no right to enter the country. Francisco also has said in written arguments that Trump’s September proclamation laying out the current policy comports with immigration law and does not violate the Constitution because it does not single out Muslims.
The challengers, backed by a diverse array of supporting legal briefs, have said that Trump is flouting immigration law by trying to keep more than 150 million people, the vast majority of them Muslim, from entering the country. They also argue that it amounts to the Muslim ban that Trump called for as a candidate, violating the Constitution’s prohibition against religious bias.
A decision in Trump v. Hawaii, 17-965, is expected by late June.
US Supreme Court’s last argument is over Trump travel ban
US Supreme Court’s last argument is over Trump travel ban
- The travel ban is the first Trump policy to undergo a full-blown Supreme Court review
- A decision in Trump v. Hawaii, 17-965, is expected by late June
Journalist Don Lemon charged with federal civil rights crimes after covering anti-ICE church protest
Journalist Don Lemon charged with federal civil rights crimes after covering anti-ICE church protest
- “Don has been a journalist for 30 years, and his constitutionally protected work in Minneapolis was no different than what he has always done,” his lawyer, Abbe Lowell, said in a statement earlier Friday
LOS ANGELES: Journalist Don Lemon was released from custody Friday after he was arrested and hit with federal civil rights charges over his coverage of an anti-immigration enforcement protest that disrupted a service at a Minnesota church.
Lemon was arrested overnight in Los Angeles, while another independent journalist and two protest participants were arrested in Minnesota. He struck a confident, defiant tone while speaking to reporters after a court appearance in California, declaring: “I will not be silenced.”
“I have spent my entire career covering the news. I will not stop now,” Lemon said. “In fact there is no more important time than right now, this very moment, for a free and independent media that shines a light on the truth and holds those in power accountable.”
The arrests brought sharp criticism from news media advocates and civil rights activists including the Rev. Al Sharpton, who said the Trump administration is taking a “sledgehammer” to “the knees of the First Amendment.”
A grand jury in Minnesota indicted Lemon and others on charges of conspiracy and interfering with the First Amendment rights of worshippers during the Jan. 18 protest at the Cities Church in St. Paul, where a US Immigration and Customs Enforcement official is a pastor.
In court in Los Angeles, Assistant US Attorney Alexander Robbins argued for a $100,000 bond, telling a judge that Lemon “knowingly joined a mob that stormed into a church.” He was released, however, without having to post money and was granted permission to travel to France in June while the case is pending.
Defense attorney Marilyn Bednarski said Lemon plans to plead not guilty and fight the charges in Minnesota.
Lemon, who was fired from CNN in 2023 following a bumpy run as a morning host, has said he has no affiliation to the organization that went into the church and he was there as a solo journalist chronicling protesters.
“Don has been a journalist for 30 years, and his constitutionally protected work in Minneapolis was no different than what he has always done,” his lawyer, Abbe Lowell, said in a statement earlier Friday.
Attorney General Pam Bondi promoted the arrests on social media.
“Make no mistake. Under President Trump’s leadership and this administration, you have the right to worship freely and safely,” Bondi said in a video posted online. “And if I haven’t been clear already, if you violate that sacred right, we are coming after you.”
‘Keep trying’
Since he left CNN, Lemon has joined the legion of journalists who have gone into business for himself, posting regularly on YouTube. He hasn’t hidden his disdain for President Donald Trump. Yet during his online show from the church, he said repeatedly: “I’m not here as an activist. I’m here as a journalist.” He described the scene before him, and interviewed churchgoers and demonstrators.
A magistrate judge last week rejected prosecutors’ initial bid to charge Lemon. Shortly after, he predicted on his show that the administration would try again.
“And guess what,” he said. “Here I am. Keep trying. That’s not going to stop me from being a journalist. That’s not going to diminish my voice. Go ahead, make me into the new Jimmy Kimmel, if you want. Just do it. Because I’m not going anywhere.”
Georgia Fort livestreamed the moments before her arrest, telling viewers that agents were at her door and her First Amendment right as a journalist was being diminished.
A judge released Fort, Trahern Crews and Jamael Lundy on bond, rejecting the Justice Department’s attempt to keep them in custody. Not guilty pleas were entered. Fort’s supporters in the courtroom clapped and whooped.
“It’s a sinister turn of events in this country,” Fort’s attorney, Kevin Riach, said in court.
Discouraging scrutiny
Jane Kirtley, a media law and ethics expert at the University of Minnesota, said the federal laws cited by the government were not intended to apply to reporters gathering news.
The charges against Lemon and Fort, she said, are “pure intimidation and government overreach.”
Some experts and activists said the charges were not only an attack on press freedoms but also a strike against Black Americans who count on Black journalists to bear witness to injustice and oppression.
The National Association of Black Journalists said it was “outraged and deeply alarmed” by Lemon’s arrest. The group called it an effort to “criminalize and threaten press freedom under the guise of law enforcement.”
Crews is a leader of Black Lives Matter Minnesota who has led many protests and actions for racial justice, particularly following George Floyd’s killing in Minneapolis in 2020.
“All the greats have been to jail, MLK, Malcom X — people who stood up for justice get attacked,” Crews told The Associated Press. “We were just practicing our First Amendment rights.”
Protesters charged previously
A prominent civil rights attorney and two other people involved in the protest were arrested last week. Prosecutors have accused them of civil rights violations for disrupting the Cities Church service.
The Justice Department launched an investigation after the group interrupted services by chanting “ICE out” and “Justice for Renee Good,” referring to the 37-year-old mother of three who was fatally shot by an ICE officer in Minneapolis.
Lundy works for the office of Hennepin County Attorney Mary Moriarty and is married to a St. Paul City Council member. Lemon briefly interviewed him as they gathered with protesters preparing to drive to the church on Jan. 18.
“I feel like it’s important that if you’re going to be representing people in office that you are out here with the people,” Lundy told Lemon, adding he believed in “direct action, certainly within the lines of the law.”
Church leaders praise arrests in protest
Cities Church belongs to the Southern Baptist Convention and lists one of its pastors as David Easterwood, who leads ICE’s St. Paul field office.
“We are grateful that the Department of Justice acted swiftly to protect Cities Church so that we can continue to faithfully live out the church’s mission to worship Jesus and make him known,” lead pastor Jonathan Parnell said.
