Justice Thomas’s Dissent in Trump Travel Ban Case

Justice Thomas, joined by Justices Alito and Gorsuch, dissented to that part of the Supreme Court’s order lifting the lower courts preliminary injunction on Trump’s travel ban executive order but then imposing an exception big enough for a terrorist to drive a truck bomb through it.

Here is the full opinion, the majority opinion occupies the first 13 pages, Justice Thomas’s dissent is at the last 3 pages.

Justice Thomas concludes his dissent this way:

I fear that the Court’s remedy will prove unworkable. Today’s compromise will burden executive officials with the task of deciding—on peril of contempt— whether individuals from the six affected nations who wish to enter the United States have a sufficient connec- tion to a person or entity in this country. See ante, at 11– 12. The compromise also will invite a flood of litigation until this case is finally resolved on the merits, as parties and courts struggle to determine what exactly constitutes a “bona fide relationship,” who precisely has a “credible claim” to that relationship, and whether the claimed relationship was formed “simply to avoid §2(c)” of Execu- tive Order No. 13780, ante, at 11, 12. And litigation of the factual and legal issues that are likely to arise will pre- sumably be directed to the two District Courts whose initial orders in these cases this Court has now— unanimously—found sufficiently questionable to be stayed as to the vast majority of the people potentially affected.

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