Travel ban
72 Articles
Reminder: The “Travel Ban” Expires This Morning (Probably Ending the Case, At Least for Now)
By the time you read this, the heart of the so-called “travel ban” will probably be no more. Since June 29, the Executive branch, acting pursuant to Section 2(c) of…
Episode 37 of the National Security Law Podcast: Enemy Combatants, Agents of Foreign Powers
In this week’s episode, Bobby Chesney and I explore three big national security law developments from the past few days. First is that the Foreign Intelligence Surveillance Court…
Litigating the Supreme Court’s Entry Ban Opinion: What’s the Required Connection?
All of the briefs are now in on the government’s motion to the Supreme Court for clarification of its order in Trump v. Hawaii, No. 16-1540: The Government’s Motion.…
Back to the Supreme Court on the Scope of the Entry Ban Injunction: First Thoughts
Thursday night, Judge Watson issued a ruling rejecting two of the ways in which the government has interpreted the Supreme Court’s modification of the preliminary injunctions…
Crossing the “t”s and Dotting the “i”s: Back to Square One in the Hawaii Entry Ban Dispute
In short, the Court of Appeals for the Ninth Circuit held that it did not have jurisdiction to consider an appeal of Judge Watson’s interlocutory order in which he concluded…
Most Americans Disagree With Trump Admin’s Enforcing Travel Ban Against Grandparents
One of the hotly contested questions in the Travel Ban litigation is the definition of “close family relationships.” The Supreme Court told the administration that it cannot…
The Supreme Court’s Decision to Hear Travel Ban Cases Does Not Bode Well for Civil Liberties
On June 26, the Supreme Court announced it would hear two cases challenging President Donald Trump’s Muslim Ban. The Court’s decision to hear these matters should surprise…
Seriously? The Court Intended to Exclude Grandmas from the Preliminary Injunctions? [UPDATED with Hawaii motion]
I just wanted to add a brief follow-up to the excellent posts by Leah Litman and by Ryan Goodman and Adam Cox on the absurdity of the Administration’s interpretation of the…
Trump Definition of “Family” Is in Contempt of Supreme Court Travel Ban Ruling
On Monday, the Supreme Court held that the administration must not enforce its Travel Ban Executive Order against foreign nationals who have “a credible claim” of a “close…
Unlocking the Mysteries of the Supreme Court’s Entry Ban Decision
Many close observers of the Court are still scratching their heads, trying to figure out just exactly what the Court did yesterday in Trump v. IRAP–and why. With the luxury…
Did the Supreme Court Tip Its Hand on How It Will Rule on the Travel Ban?
Today, the Supreme Court partially stayed and partially upheld the lower court injunctions in the travel ban litigation. The way in which the Court split the baby is perhaps the…
It’s All About that Stay (and Its Surprising Limits)
Preliminary thoughts (reserving the right to add more as the day goes on!): The Court nominally granted certiorari in the two “travel ban” cases today, but for reasons…