Anti-Muslim discrimination
100 Articles
Neither Facially Legitimate Nor Bona Fide–Why the Very Text of the Travel Ban Shows It’s Unconstitutional
As the litigation over the travel ban moves to the Supreme Court, the most important passage in the Fourth Circuit’s en banc opinion may be a tangential footnote finding “yet…
Trump Admits: ‘Extreme Vetting’ Already Happening Without the Travel Ban
Lots of people have been commenting on the self-sabotaging aspect of Donald Trump’s early morning Twitter-storm, which undermines a central argument in his Supreme Court challenge…
Judge Keenan Identifies the Most Straightforward Reason Why the Entry Ban is Unlawful
Cross-posted on Take Care. In the Fourth Circuit oral argument yesterday in IRAP v. Trump, Judge Barbara Keenan put her finger on a simple, basic reason why Section 2(c) of…
Trump’s Army Secretary Nominee Does Not Embody Army Value of Respect
The Army inspires its soldiers to embody certain values. Chief among them is the idea that all members of the team should be appreciated for their contributions, dedication to…
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…
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,…
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…
President Trump’s Campaign Promises Stick with Us—They should stick with him, too
The ongoing travel ban litigation has triggered intense debate on whether an assessment of the ban’s constitutionality must be limited to the “four corners” of President…
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…
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,…
…and the Ninth Circuit Weighs Back in on the Original Travel Ban…
Busy night. The Ninth Circuit has released an order denying en banc rehearing of the three-judge panel decision in Washington v. Trump from last month (which, readers may recall,…
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…