Travel ban
72 Articles
Donald Trump’s Say-So is Not a Presidential “National Security Judgment”
The government just filed its final pleading before the Justices’ consideration of the entry-ban cases tomorrow. This follows final briefs that the IRAP and Hawaii plaintiffs…
Norms Watch: Democracy, the Trump Administration, and Reactions to It (June 9-June 16)
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…
How the President’s “Clarifying” Memorandum Destroys the Case for the Entry Ban
[Cross-posted on the Take Care blog.] The government’s argument for suspending all entry into the United States of non-citizens from seven (now six) Muslim-majority countries…
The President Resuscitates the Entry Ban: Where Should the Court Go From Here?
Section 2(c) of Executive Order 13780, suspending entry into the United States of all nationals of Iran, Libya, Somalia, Sudan, Syria and Yemen, died of natural causes at 12:01…
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…
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…
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”…
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,…
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…
The Boomerang Effect: National Security, Human Rights and Iran
Weeks have passed since President Donald Trump signed his first Executive Order banning people from seven Muslim-majority countries from traveling to the US. Heart-wrenching personal…