by Jed Shugerman
***And what about the fate and integrity of the Roberts court? Several of the justices who upheld the Japanese internment later redeemed themselves by striking down school segregation in Brown and pioneering an era of civil rights expansion. Roberts, along with four other justices, has been working to undo their work for most of his judicial career.
His majority opinion upholding the travel ban is consistent with his anti–civil rights career. And if Kennedy retires this week, his mixed legacy on civil liberties will end on a shameful note, denying voting rights and ignoring evidence of bad-faith religious discrimination. The majority seemed genuinely concerned with anti-religious bias in Masterpiece Cakeshop, but the decision in Trump v. Hawaii suggests the Roberts court is concerned only with anti-Christian bias (see Hobby Lobby) as opposed to religious liberty generally. Finally, it is troubling that the majority ignored evidence of fraud and animus against Muslims at the border while the administration is in the midst of implementing a fraudulent and animus-driven border policy of family separation.
Maybe these five justices will have a chance to redeem themselves if this case comes back after remand, and maybe they will find other ways to stand up for equality, civil liberties, and the rule of law as the Korematsu majority did later. But this week’s injustice obviously is not a good sign.
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