Carol Rose, the executive director of the ACLU of Massachusetts, joined BPR today to explain the federal appeals court ruling against President Trump’s travel ban.
“This was a unanimous decision against the federal government,” she said. “What the court said is that the president isn’t above the constitution, isn’t above the law.”
A panel of three judges from the 9th Circuit Court of Appeals voted unanimously to continue the block of Trump’s executive order.
Trump’s administration had taken the position that the president’s decisions about immigration policy, especially if motivated by national security concerns, were un-reviewable by the courts. The 9th Circuit soundly rejected that claim, saying it runs contrary to democratic principles.
“They’re not un-reviewable by the court,” Rose said. “This ruling out of the 9th Circuit methodically dismantled the argument that the government is un-reviewable, and then it went on to recognize a number of constitutional questions that were raised by the ban.”
The move by the judges means citizens from the previously banned seven Muslim majority nations will be able to travel freely to the United States.
“The most important thing is, it’s not just about law,” Rose said. “It’s about all the lives, all the people, the children who were separated from their families, and the people who couldn’t get home to get married or pursue their careers as scientists and doctors and things like that. It was an extraordinary victory.”
President Trump tweeted his reaction to the ruling, saying “SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!”
The Trump administration has said it intends to take the case to the Supreme Court if necessary, but even this move may backfire against the president.
The justices would likely land in a 4-4 split, which would reinforce the ruling of the 9th Circuit.
Rose emphasized the bipartisan pasts of the judges who ruled in this case. The judges were appointed by Presidents Obama, Carter, and Bush, respectively.
“We’re not talking about people who are radical here” said Rose. “Judges are notoriously apolitical... I think they’re motivated by the integrity of the judicial system.”
To hear Carol Rose’s interview in its entirety, click on the audio link above.
