Record / E-2026-0009
Supreme Court upholds Proclamation 9645 in Trump v. Hawaii
In Trump v. Hawaii, No. 17-965, decided June 26, 2018, the Supreme Court upheld Proclamation 9645, the third version of the entry restrictions, by a vote of 5 to 4. Chief Justice Roberts wrote for the majority, holding that the proclamation was within the President's authority under 8 U.S.C. 1182(f) and rejecting the Establishment Clause challenge under rational basis review. Justice Sotomayor dissented, joined by Justice Ginsburg, and Justice Breyer filed a separate dissent, joined by Justice Kagan.
Context
The proclamation upheld here was the third version of the policy. The first two, Executive Order 13769 of January 27, 2017 and Executive Order 13780 of March 6, 2017, were each modified after litigation. The ruling is a government win and is recorded with the same prominence as rulings against the administration. Separately, PolitiFact rated the 2016 campaign promise to ban Muslims from entering the country as Promise Broken and the promise to suspend immigration from what the campaign called terror-prone places as Promise Kept.
Legal status
Trump v. Hawaii, No. 17-965, 585 U.S. ___ (U.S. June 26, 2018). Holding: the President lawfully exercised the broad discretion granted under 8 U.S.C. 1182(f), and the proclamation survives rational basis review against the Establishment Clause challenge. Judgment: 878 F.3d 662, reversed and remanded.
Sources
The document identifier is the citation. The URL is a resolution mechanism, and the archived copy is what the citation resolves to when the live link dies.
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Trump v. Hawaii, slip opinion
No. 17-965, 585 U.S. ___ (U.S. June 26, 2018)
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PolitiFact Trump-O-Meter, Establish a ban on Muslims entering the U.S.
PolitiFact Trump-O-Meter promise 1401, Promise Broken, final update November 14, 2018
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PolitiFact Trump-O-Meter, Suspend immigration from terror-prone places
PolitiFact Trump-O-Meter promise 1402, Promise Kept