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

Why Not All Crimes by Immigrants Should Lead to Deportation

6/23/17  //  Commentary

Thoughts on criminality, immigration, and justice from Professor Chelsey Kivland of Dartmouth College.

Take Care

Versus Trump: Protecting The Right To Counsel In Immigration Courts, With Glenda Aldana Madrid

6/22/17  //  Uncategorized

On a new, interview-only episode of Versus Trump, Take Care's podcast, Jason has an interview with Glenda Aldana Madrid, of the Northwest Immigrant Rights Project (NWIRP), about a case in which her organization has so far successfully blocked the Administration's attempt to curb the right to counsel in immigration courts. Listen now!

Charlie Gerstein

Civil Rights Corps

Easha Anand

San Francisco

Donald Trump’s Say-So is Not a Presidential “National Security Judgment”

6/21/17  //  Quick Reactions

Analysis of DOJ's filing at SCOTUS today in the travel ban cases.

Marty Lederman

Georgetown Law

Some Thoughts on the Government’s Latest Filing in the Entry Ban Cases

6/19/17  //  Commentary

Here I offer three quick reactions to the government’s latest filing in the Ninth Circuit case—the first two on questions concerning what the Court should do now with the government’s applications, and the third with respect to the merits of the statutory ultra vires argument on which the Court of Appeals for the Ninth Circuit relied.

Marty Lederman

Georgetown Law

Opposing Trump's Muslim Ban at the Supreme Court

6/16/17  //  Quick Reactions

President Trump has asked the Supreme Court to lift the stay preventing him from implementing his travel ban. Nelson Tebbe, Micah Schwartzman and I, along with a large group of constitutional law scholars, have filed a brief opposing Trump's motion.

Corey Brettschneider

Brown University

Versus Trump: A Gadfly Suit + Leah Litman

6/15/17  //  In-Depth Analysis

On a new episode of Versus Trump, Take Care's podcast, Easha, Jason, and Charlie discuss a lawsuit against the President that's been brought by a D.C. gadfly who claims that Trump did not provide sufficient detail on the financial disclosure form he submitted as a candidate. Then, Easha talks with Leah Litman about the status of the Muslim ban litigation and the role of oral advocacy in this and other high-profile cases. Listen now!

Charlie Gerstein

Civil Rights Corps

Easha Anand

San Francisco

The President Resuscitates the Entry Ban: Where Should the Supreme Court Go From Here?

6/15/17  //  In-Depth Analysis

In this post I explain why, in light of the Ninth Circuit’s decision on Monday, there’s no good reason for the Supreme Court to grant any of the government’s petitions or applications.

Marty Lederman

Georgetown Law

Morales-Santana and the "Mean Remedy"

6/12/17  //  Commentary

Justice Ginsburg's opinion in Sessions v. Morales-Santana exacerbates many of the shortcomings of our immigration system.

Ian Samuel

Harvard Law School

More Attacks on Immigrants’ Due Process Rights

6/12/17  //  Commentary

The Trump Administration’s expansion of deportation efforts has occurred alongside systematic efforts to strip people caught in the enforcement web of their right to due process.

Jennifer Chacón

U.C. Irvine School of Law

The Travel Ban's Non-Urgency, In Pictures

6/7/17  //  Commentary

The Administration's unhurried pace in defending its revised travel ban belies its representations of urgency to the U.S. Supreme Court.

Amir Ali

Roderick & Solange MacArthur Justice Center