The Supreme Court’s Travel Ban

7/19/17  //  In-Depth Analysis

The Supreme Court is now a co-owner and co-author of the travel ban. That grows truer every time it tinkers with minutiae of this cruel, unjustified policy. And with that position comes major institutional risk to the Supreme Court’s public legitimacy.

Joshua Matz

Publisher

Litigating the Supreme Court’s Entry Ban Opinion: What’s the Required Connection?

7/19/17  //  Commentary

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.

Marty Lederman

Georgetown Law

Back to the Supreme Court on the Scope of the Entry Ban Injunction: First Thoughts

7/15/17  //  Commentary

Now that the travel ban is back in the Supreme Court, here are four additional, preliminary thoughts on where things stand.

Marty Lederman

Georgetown Law

Latest Travel Ban Ruling Helps A Lot But Not Enough

7/14/17  //  Quick Reactions

It is likely that the Trump administration will simply seize on whatever ambiguity there is in the latest injunction to deny entry to as many people as it can. Why? Because that is the point of the Travel Ban.

Michael C. Dorf

Cornell Law School

Domestic Adherence to the Gender Binary

7/7/17  //  Quick Reactions

Three former Surgeons General have called for an end to involuntary medical procedures on intersex babies and children. U.S. immigration law sheds light on why this is such an important development.

Bijal Shah

Sandra Day O’Connor College of Law

An Updated Guide to Our Analyses of the Travel Ban

6/30/17  //  Latest Developments

Take Care hereby presents in a single, updated post all commentary we have published about the revised travel ban.

Take Care

Vagueness in 'Aggravated Felony'

6/30/17  //  Quick Reactions

It is the federal government’s responsibility to define immigration violations—and in particular, aggravated felonies—precisely.

Bijal Shah

Sandra Day O’Connor College of Law

Seriously? The Court Intended to Exclude Grandmas from the Preliminary Injunctions?

6/29/17  //  Commentary

A post on the absurdity of the Administration’s interpretation of the Supreme Court’s modification of the travel-ban/refugee-limit preliminary injunctions.

Marty Lederman

Georgetown Law

The Administration's Travel Ban Guidance Falls Short of Good Faith

6/29/17  //  Quick Reactions

As reported by the New York Times, the Administration's travel ban guidance shows a lack of respect for the Supreme Court's directive.

Amir Ali

Roderick & Solange MacArthur Justice Center

Unlocking the Mysteries of the Supreme Court’s Entry Ban Case

6/27/17  //  Commentary

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 of a few hours to ponder the mysteries, here are some tentative speculations on the most commonly posed questions.

Marty Lederman

Georgetown Law

The Supreme Court's Contribution to the Offense of Flying While Muslim

6/27/17  //  Commentary

By making fine distinctions between who Trump can or cannot ban from the US, the Supreme Court has opened the door to greater discrimination against Muslims at the border.

Amir Ali

Roderick & Solange MacArthur Justice Center

Lower Courts: Don’t Try This at Home

6/27/17  //  Commentary

The Supreme Court’s travel ban order deviates sharply from well-established standards for the granting of a stay. For better or for worse, the spirit of compromise trumped the letter of the law.

Daniel Hemel

University of Chicago Law School

It's All About that Stay (and Its Surprising Limits)

6/26/17  //  Quick Reactions

Preliminary thoughts on the Supreme Court's travel ban order.

Marty Lederman

Georgetown Law

Animus Revisited: DOJ Fails To Explain Change in Position on Relevance of Campaign Statements

6/23/17  //  In-Depth Analysis

DOJ can't distinguish a case from 1995 in which it took a diametrically opposed view on the relevance of campaign statements.

Jim Oleske

Lewis & Clark Law School

Limiting Citizenship Inequality

6/23/17  //  Quick Reactions

Yesterday, the Supreme Court wisely rejected a position that would have furthered President Trump's interest in reinforcing the hierarchy between immigrants and “real” Americans.

Bijal Shah

Sandra Day O’Connor College of Law