The Muslim Ban: Answering Tough Questions About Motive
The opinion by then-Justice Rehnquist in Hunter v. Underwood (1985), a case about denying the right to vote for racist reasons, offers thoughtful answers to many of the hardest questions that you might ask about motive and the Muslim Ban.
The Attorney General, Hawaii Statehood, and National Injunctions
The AG's comments denigrating Hawaii statehood are objectionable for many reasons. But don't overlook his underlying complaint about national injunctions—which conservatives spent years developing and have suddenly, painfully discovered can be used against them.
Updates | The Week of April 10, 2017
This week, Hawaii asked the Ninth Circuit for full court review of the revised entry order. The Fourth Circuit, in an unusual move, agreed to hear the Trump Administration's revised entry order appeal en banc, with oral arguments set for May 8.
Updates | The Week of April 3, 2017
Litigation challenging President Trump's revised immigration order continues in courts. Questions over President Trump's campaign statements and intent continue to linger.
Why Trump's Travel Ban Statements Compel a Finding of Improper Purpose
Trump's statements about the revised travel ban overwhelmingly evidence a purpose at odds with the Establishment Clause. And few, if any, of those statements evince actual, substantive national security or foreign affairs objectives that explain the bizarre scope of his order.
Updates | The Week of March 27, 2017
Litigation over President Trump's revised travel ban order continues: a federal judge in Hawaii issued a preliminary injunction against the order, and the Fourth Circuit will take initial en banc review of a similar injunction.
Updates | The Week of March 20, 2017
The week was rich with analysis at Take Care and beyond of President Trump’s revised entry ban. The Administration has asked the Fourth Circuit to expedite the appeal. In the meantime, diplomatic cables reveal “extreme vetting” policies may be ramping up.
The Story Thus Far: Immigration
President Trump has issued two very controversial executive orders, both banning entrants from selected Muslim-majority nations. Here are some useful analyses of the story thus far.
No Peeking? Korematsu and Judicial Credulity
The Supreme Court's decision in the Japanese Internment Cases offers a chilling reminder of why courts cannot close their eyes to clear evidence of bigotry in executive orders supposedly justified by security concerns.
En Banc Review? How Can I Say No?
When asked by the Fourth Circuit, the Government said it wanted to have the full court consider its Muslim ban. But the Government probably did not mean it.
An Update on DACA
The President's words indicate he is open to honoring DACA (the Deferred Action for Childhood Arrivals program). But his actions (and inactions) suggest otherwise.
The President’s Dilemma
An emergency appeal on the Muslim Ban may be both rational and his worst outcome.
It is time for progressives to embrace federalism and to use Supreme Court precedents protecting states’ rights to fight against Trump administration policies
Motive Matters in Assessing the Travel Ban
To the extent that Trump’s statements about the travel ban shed light on why the executive orders were issued—and they surely do—those statements are material to the constitutional analysis.
Sherley You’re Joking
A confused and poorly reasoned decision by the U.S. Court of Appeals for the D.C. Circuit shouldn’t be read to shield agencies from judicial review whenever they happen to be following an executive order.
See You In Court 2.0
Last night, a federal judge in Hawaii blocked Trump's revised entry ban. Here is a detailed analysis of its decision and an assessment of what likely will happen next in that litigation.
The World Is Not Made Brand New Every Morning
Judge Kozinski thinks that we cannot account for President Trump's campaign statements in the Muslim Ban cases. That is wrong. Courts can, and should, reckon with this history in assessing whether Trump's ban comports with religious neutrality.
Trump’s Approach to Crime & Punishment
The president has continued existing policies, but also signaled a misplaced (and dangerous) reliance on immigration enforcement and incarceration to protect the public.
Youngstown Zone Zero
Justice Jackson's famous separation of powers framework offers no support for President Trump's entry ban. In fact, it's irrelevant.
Faith in the Ninth Circuit
An analysis of Judge Bybee's dissent from denial of rehearing en banc in Washington v. Trump, and some predictions about the future of President Trump's revised entry ban.