Raquel Dominguez // 6/28/17 //
Commentary and analysis about the Supreme Court's decision to modify the stay of the travel ban continues. In particular, commentators debate whether the decision was a good result for the Trump Administration, and they wonder how the limits articulated by the Supreme Court will be enforced. And the end of the Supreme Court's term also gave rise to several other decisions that have generated commentary, especially Hernandez v. Mesa and Pavan v. Smith.
IMMIGRATION
Debate continues as to who scored the “victory” regarding the Supreme Court’s decision to modify the stay of the travel ban (NYT, The Atlantic, WSJ, WaPo).
Others note the difficulty of determining how to interpret and implement the ruling.
The travel ban issue will become moot before the Supreme Court can make a decision on the merits, predicts Richard Primus writing for Politico Magazine.
The DOD is considering cancelling the enlistment contracts of undocumented soldiers and adopting “enhanced screening” for soldiers who are naturalized citizens (WaPo).
CIVIL RIGHTS
The per curiam opinion issued by the Supreme Court in Pavan v. Smith does not mean the Chief Justice has accepted Obergefell as stare decisis, writes Joshua Matz for Take Care.
SAFETY AND JUSTICE
The Supreme Court’s punt of Hernandez v. Mesa may illustrate the impossibility of federal civil rights actions against federal officers, writes Michael Dorf for Take Care.
Though Secretary of Defense Jim Mattis says the United States refuses to be drawn into the Syrian Civil War, the White House threatens repercussions for any chemical attack (WaPo, WSJ, NYT, Politico).
Congress could not have intended the AUMF to authorize recent US conduct in Syria, argues Deborah Pearlstein on Balkinization.
REGULATION
The Regulatory Review continues its series of essays on the legality of President Trump’s “1-in-2-out” executive order.
And that's our update today! Thanks for reading. We cover a lot of ground, so our updates are inevitably a partial selection of relevant legal commentary.
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