Show sidebar

Tag Archive: Anti-Muslim discrimination

Unconstitutional Motives: When US Policies Are Motivated Only in Part by Religious Discrimination

 

Few would dispute that government actions motivated wholly by religion violate the Constitution’s Establishment Clause. The question becomes more complicated if the motives are mixed because the challenged government action also furthers a secular interest, such as national security. The answer to this tricky question, according to longstanding Establishment Clause doctrine, is that constitutionality depends on the government’s primary motive.…   continue »

Trump’s Islamophobic Record Provides Backdrop for New Counterterrorism Policies

 

Every one of the 10 airports targeted by the new “laptop ban,” issued last week by the Department of Homeland Security, is located in a Muslim-majority country. Unsurprisingly, advocates from the ACLU and Amnesty International have expressed concerns that this may be just the latest Trump administration policy motivated by Islamophobia.  continue »

San Francisco Sets an Example of How to Resist Surveillance in Trump Era

 

The San Francisco Police Department (SFPD) suspended its participation in the FBI’s Joint Terrorism Task Force (JTTF) last month. JTTFs are counterterrorism-focused intelligence-sharing centers, and by the FBI’s count, it operates 104 across the country. Many interpreted the SFPD’s suspension as a reaction to President Donald Trump’s “Muslim ban,” and to some degree it was.…   continue »

NYPD Muslim Surveillance Settlement a Victory for New Yorkers, but Vigilance Still Needed

Just a day before courts blocked President Donald Trump’s second “Muslim ban,” a judge in New York City formally approved a joint settlement in two lawsuits challenging the NYPD’s well-documented and unconstitutional surveillance of Muslim communities. The agreement lays out new reforms that will go a long way toward making this city a safer and more just place for everyone.…   continue »

Why Trump’s Travel and Refugee Ban is Doomed

 

Contrary to President Donald Trump’s recent suggestion that his revised travel ban is the victim of “judicial overreach,” his problem isn’t just courts in the Ninth Circuit, which have now repeatedly halted his immigration orders. It’s the executive order itself, and the intent behind it.…   continue »

Hawai’i District Court Grants TRO of the “New” Immigration Executive Order

 

The 43-page ruling is here. In a nutshell, the court held that, at least at the temporary restraining order stage, a balance of the relevant factors weighed in favor of the plaintiffs (especially the private plaintiff, Dr. Elshikh), based largely on the court’s assessment of the strength of the Establishment Clause challenge, which was predicated on “significant and unrebutted evidence of religious animus driving the promulgation of the Executive Order and its related predecessor.” Thus, the court entered a nationwide TRO:

Defendants and all their respective officers, agents, servants, employees, and attorneys, and persons in active concert or participation with them, are hereby enjoined from enforcing or implementing Sections 2 and 6 of the Executive Order across the Nation.

  continue »

The Washington State Lawsuit on the Travel Ban—Do the Plaintiffs Have Standing?

 

The issuance of President Trump’s new (somewhat) revised executive order, temporarily suspending entry into the United States by nationals of six predominantly Muslim countries, has, unsurprisingly, prompted renewed litigation over the legality of the Administration’s policy.  As was the case in the original challenges, one important legal issue will be whether plaintiffs have standing to sue. …   continue »