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Norms Watch: Democracy, the Trump Administration, and Reactions to It (June 2-June 9)

Editor’s Note: Welcome to the latest installment of Norms Watch, our series tracking both the flouting of democratic norms by the Trump administration and the erosion of…

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…
Tents surrounded by barbed wire fencing at the Manus Island Regional Processing Facility, used for the detention of asylum seekers that arrive by boat, primarily to Christmas Island off the Australian mainland, on October 16, 2012 on Manus Island, Papua New Guinea.

An Urgent Need for International Action on Australia’s Refugees

News that U.S. officials have been fingerprinting refugees on Papua New Guinea’s Manus Island ahead of their possible resettlement in the United States is a hopeful signal to…

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…
June 2017 calendar with the date Wednesday the 14th boxed in red.

More on the Effective Date of the Entry Ban and the Hawaii Injunction (Response to Will Baude)

In a post yesterday, I argued that it wouldn’t make much sense for the Supreme Court to grant the government’s petition for certiorari in the “entry ban”…

Politicians Keep Buying Kris Kobach’s Ideas Despite Track Record of Failure

Kris Kobach, the Secretary of State for Kansas and an anti-immigrant and vote-suppressing activist, has been angling for a job in the Trump administration since the election. But…

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 Isn’t Fighting Human Trafficking, He’s Facilitating It

In an interview with Bloomberg on Monday, President Donald Trump argued that we need his border wall to fight human trafficking, which he described as “probably worse than it…
U.S. Homeland Security Secretary John Kelly delivers his first public remarks since being appointed by President Donald Trump at the Jack Morton Auditorium on the campus of The George Washington University April 18, 2017 in Washington, DC.

The Trump Administration’s Homeland Security Record – and What Lies Ahead

It has been an eventful first 100 days for the Trump team in the realm of homeland security. In his first full week in office, the president made a major splash by issuing three…

Norms Watch: The 100 Days Edition (Apr. 21-28)

Editor’s Note: Welcome to the latest installment of Norms Watch, our series tracking both the flouting of democratic norms by the Trump administration and the erosion of…

What’s at Stake for US Officials if Their Use of Force is an Int’l Crime of Aggression?

In an article at Just Security last week, Michael Adams expressed surprise at the lack of attention on these and other pages to the possibility that the U.S. Tomahawk strikes on…

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…
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