The Supreme Court’s Travel Ban
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.
Latest Travel Ban Ruling Helps A Lot But Not Enough
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.
A Reality Check On Proceedings Related To The Entry Ban Injunctions
Some commentators are seizing on court orders in the proceedings related to the scope of the injunction against the entry ban as an indication that courts are rethinking their decisions against the entry ban. That's wrong (with a cautionary note about the federal courts).
What It Means To Be Presidential: Litigating Positions
Jane Chong questioned whether the administration's “self-interested [legal] stance" in the cases about the emoluments clauses "is ... fundamentally at odds with the trust that the office [of the President] confers.” It's worth asking the same about the administration's litigating position on the scope of the injunction against the entry ban.
Unlocking the Mysteries of the Supreme Court’s Entry Ban Case
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.
Lower Courts: Don’t Try This at Home
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.