On June 26th, the Supreme Court handed the president a huge victory in Trump v. Hawaii, the case challenging the legality of his executive order barring citizens of five Muslim-majority countries from entering the United States. The verdict upholding the ban generated a wave of condemnation across the country, as well as comparisons to some of the most ignominious court decisions in U.S. history.
The same day, in an episode of his podcast, “Deconstructed,” journalist Mehdi Hasan went over “some of the patently absurd and dishonest arguments made in favor of the ban by Trump and by his Republican apologists over the past year and a half. This is about national security, they said. Despite the fact that the number of Americans killed on U.S. soil by citizens from countries on the banned list is exactly zero. This is about vetting refugees from Syria, they said. Despite the fact that it is near-impossible for a Syrian refugee to get into the United States without already going through quote-unquote ‘extreme vetting’ by both the United Nations and the FBI.
This isn’t about security, this isn’t about vetting, this Muslim ban is about white nationalism, just as stripping brown kids from their parents at the border isn’t about security or vetting; it’s about white nationalism. Wake up America, wake up media, and smell the racist coffee. This is not a drill. This is the real thing; the United States is being governed by a group of racists, nationalists and, yes, wannabe fascists, who it turns out have the full blessing and protection of a nakedly partisan and rigged judiciary. Let’s not forget that the Republican 5-4 majority on the Supreme Court this morning only happened because the Republican Party stole a Supreme Court seat that should have been filled by President Obama in his last year in office.
But, look: We can complain all we want about Supreme Court fixes and the pro-Trump Electoral College, but we are where we are. We now have to look forward, not back. How do we push back against decisions like this going forward? How do we stand with those families who won’t be able to see or meet the people they love because of this cruel and discriminatory ban? How do we make a stand with kids from Muslim communities, minority communities, migrant communities, who are seeing kids being banned from the U.S., who are seeing kids being stripped from their parent? How do we make sure that we don’t become immune to this stuff, and turn a blind eye to it? Because there’s so much of this racist, discriminatory stuff around. It’s exhausting. Last week it was caged kids, this week it’s the Muslim ban; it’s easy to want to switch off and look away.
But we can’t afford to. And I say this to my American friends and neighbors, as well to my fellow journalists here in the United States: We Muslims, and our Latino brothers and sisters at the border, are the canaries in the coal mine, and we’re not just chirping right now, we’re screaming. This is not a drill.
My guest today is one of America’s leading progressive politicians, the first-ever Muslim American to be elected to the United States Congress and now running for attorney general of the state of Minnesota. Who better to speak to for reaction to this horrific Supreme Court ruling than Democratic Congressman Keith Ellison, who’s also deputy chair of the Democratic National Committee, the DNC? Keith, you’ve been very active on Twitter this morning talking about this. Give us your initial response to this verdict from the Supreme Court.”
KE: This is really sad because we’ve seen these kinds of failures by Supreme Courts over the years. We all know Dred Scott, where they ratified slavery. We know Plessy, where they said separate but equal. They ratified Korematsu, where they said it was OK to intern Japanese Americans, U.S. citizens. So this is an ugly issue, but there’s also another history and that is people pushing back, people fighting back, people litigating, marching, protesting, speaking out and that is what I’m counting on now.
MH: Yeah. A lot of people, today, are going to be very dejected, really dispirited. The whole reason this ban got to the Supreme Court was because lower-level federal judges took on the Trump administration and shot it down as discriminatory. Now it’s gone to the highest court in the land and they’ve rubber-stamped it. Where do we go legally, judicially from here? You’re running for attorney general of Minnesota; a lot of states attorney generals have tried to push back against Trump. What’s the legal strategy, before we get to the politics. Is there any?
KE: Well, I think that there absolutely is, because the Supreme Court made a decision that I think is wrong, that’s not based on the facts. We could continue this battle in the courts, and we should, since real people are aggrieved and separated from their families. It doesn’t matter whether you’ve had a stellar life. It doesn’t matter whether you’ve had an exemplary history. It doesn’t matter whether you’re a two year-old girl. It just matters what your religion and your country is, and I don’t believe that can stand. In order to overrule this decision, we need another case. We have to keep up the fight and not relent. I’m committed to it. That’s why I’m running for attorney general of the State of Minnesota, to protect people’s rights.
MH: We have a Supreme Court that’s not really about the law, the precedent, or the principle. They’re a highly partisan, carefully selected group of politicians, and I expect we’ll see more bad decisions that favor the powerful over regular people, that allow the big to roll over the small. These are the kind of decisions that Neil Gorsuch specializes in. He doesn’t need to know what the law and the history and the facts are. He just needs to know who’s got the money and the power, and then he knows whose side he’s on. What’s your message to Americans listening to you today on a dark day like this in American history? What’s your message to Americans, especially Muslim Americans? What would you say to someone like my 11-year-old daughter who’s wondering what her place is in the country, with the Supreme Court ruling like this?
KE: What I say to her is that we love her, that she’s safe, that her family is with her, and that her community is looking forward to her offering her leadership to this nation. I say: Go run for student council. Go be a leader in your community. Go offer your leadership, your talent, and your skills, because it’s you who’s going to lead us forward, not these people who let hate drive them. That’s what I say to your wonderful, blessed young daughter. Because I know she’s a little nervous, but she has all of us around her, and she’s our hope.
MH: Congressman Keith Ellison, thanks for joining me on Deconstructed.
KE: You bet, buddy. Take care.
MH: For more on the impact of the travel ban on the ground, inside of Muslim-American, Arab-American, Iranian-American communities who are suffering as a direct result of this ban and now of this Supreme Court ruling, I’m joined by Debbie Almontaser, one of the co-founders of the Yemeni-American Merchants Association.
Debbie, when you heard the news of the Supreme Court ruling upholding this Muslim ban, what was your response?
DA: I felt like someone punched me so hard in the stomach. I couldn’t believe what I was reading. I was trying very hard to be optimistic and say to myself, you know, the Constitution is on our side, this is a country that was built on the back of immigrants, this is a country that was built on freedom of religion and expression. But today’s decision didn’t uphold these great values.
MH: You’re a Yemeni-American immigrant who came to this country as a child, right?
DA: Yes. I came at the age of three.
MH: And you came with your family. You now have a family, a community in New York and beyond. Members of your family, your own children have served in the armed forces and the police, I believe. You’ve done a lot for this country, your family, and the Yemeni-American community. And now people from your community can’t see members of their own family because of this ban.
DA: That’s correct. My phone and text messaging has been off the hook with people calling and saying, “What does this mean?” “Is my daughter going to be able to come?” “Is my wife going to be able to come?”And, I have to say, this is truly a betrayal to the existence of my family, seven of whom have served in the U.S. Marines in Iraq and Afghanistan. I have family members in the New York Police Department. I have family members who are teachers, you know, civil servants. And this is saying to me and my family, “You don’t belong here,” when, in fact, we’ve been a part of the American fabric and building this nation.
MH: And your father, who brought you to this country, I believe he passed away. How do you think he would feel if he were alive today to see the Supreme Court ruling? He came here as an immigrant — to build a life for his family, for his kids, for his community — from Yemen.
DA: My father, today, would be devastated to hear this. When we first came to the United States, his thing was: “You’re an American now. You’re going to get educated, you’re going to work, you’re going to be a part of this country. You don’t need to speak your language, talk about your culture. You’re American.” And I know that if he were here today, he’d be absolutely devastated, because this isn’t the country that welcomed him and gave him an opportunity to raise his children in America.
MH: Where do we go from here? We’ve seen so much protesting, so many examples of people taking to the streets, and yet the Supreme Court comes along and says: This is all fine. This is all legal. Where do you as an activist go from here?
DA: Well, where we go from here is we continue to resist this decision. For example, today, at 6 PM, we’re congregating at Foley Square in New York City with thousands of Yemeni Americans and other impacted countries, along with our allies and organizers. This isn’t over. We have to stay strong, we have to stay committed, and we’ll get through this. The best and greatest way for us to combat all of this is to make sure that people across this nation are registered to vote, and when it comes to the presidential race, we put this administration out of its misery.
MH: What would you say to a young Muslim-American kid who’s listening to this podcast, who wonders about his or her place in America?
DA: Be proud of who you are and where you came from. Stay strong. Don’t let this break you. You have people like me and other activists in your community, and outside of your community, who believe in you and believe in your right to exist with respect and dignity in this nation.