//  6/25/17  //  Topic Update


The government argued that the Supreme Court should not second-guess the President’s national-security judgments, in its brief filed today.

The government also asked that the Court narrow one of the injunctions against enforcing the ban so it applies only to a few people. (SCOTUSblogLyle Denniston’s blog).

  • The brief responds to the challengers’ recent argument that the Supreme Court should allow the injunctions against the ban to stand because the President has undercut his national-security rationale for the travel ban by initiating review of visa-issuance vetting procedures, which ostensibly necessitated the ban.
  • Trump’s say-so is not a national security judgment, counters Marty Lederman at Just Security.

At Take Care, Corey Brettschneider comments on President Trump’s petition for the Supreme Court to lift the orders preventing implementation of the travel ban.

  • Courts’ lack of deference to President Trump’s immigration-related executive orders is not unprecedented, argues  Deborah Perlstein (Balkinization).
  • Take Care provides a guide to its analyses of the travel ban.

In a recent Supreme Court filing, Hawaii argues that the Trump Administration’s request for time to review visa-issuances processes are undercut by the major delays incurred litigating the revised entry ban.(Law News)


Updates | The Week of January 22, 2018

1/28/18  //  Daily Update

Michael Dorf argued that litigation against the travel ban should be considered a success, regardless of the final result at the Supreme Court. A report shows that Customs and Border Protection repeatedly violated court orders issued during the first week of the travel ban litigation.

Updates | The Week of January 15, 2018

1/14/18  //  Daily Update

A federal court grants an injunction requiring the Trump Administration to resume accepting Deferred Action for Childhood Arrivals renewal applications.

Take Care

Update | The Week of November 27, 2017

12/4/17  //  Daily Update

President Trump's recent tweets may not help the government's defense of the latest iteration of the Travel Ban.

Jeffrey Stein

Columbia Law School