Eve Levin  //  5/14/17  //  Topic Update

On May 8, the Fourth Circuit Court of Appeals, sitting en banc, heard oral argument on President Trump's revised travel ban.

  • Here is an organized guide to all travel ban commentary on Take Care.
  • Here is all prior "Daily Update" content about the travel ban.  
  • Leah Litman and Erwin Chemerinsky argue that the entry ban is unconstitutional because it is driven by animus at Take Care.
  • Micah Schwartzman and Nelson Tebbe agree that the revised entry ban is the product of religious animus and violates the Establishment Clause, also at Take Care.  
  • The executive order is unlawful because President Trump failed to establish the necessary precondition for the exercise of his statutory authority, argues Marty Lederman at Take Care.
  • President Trump’s campaign rhetoric was the primary focus of oral arguments on the revised entry ban (WaPo, NYTPolitico).  
  • Versus TrumpBloomberg Law, and Rewire summarize the argument.  
  • Josh Blackman (Josh Blackman’s Blog) and Jane Chong (Lawfare) each provided real-time analysis of the arguments.
  • John-Paul Schnapper-Casteras criticizes DOJ's reliance on Palmer v. Thompson (1971), which upheld a decision by Jackson, Mississippi to close all public pools rather than integrate following Brown (Take Care).
  • Peter Margulies observed that the judges of the Fourth Circuit appeared skeptical of the Muslim Ban (Lawfare).  
  • Josh Blackman argues that President Trump’s statements in interviews and during the presidential campaign should not be dispositive (Daily News), and recounts the Government’s primary arguments (Lawfare).  
  • Writing before the arguments, Cody Wofsy contended that "the world will be watching" (ACLU).  
  • The travel ban is, in fact, a Muslim ban, argues Robin Schulman (ACLU).  
  • Here's a profile of Becca Heller, a leader of the legal campaign against the revised travel ban (NYT).  
  • We are now facing troubling parallels to the Chinese Exclusion Act (NPR).  

A Muslim Advocacy group filed a FOIA request seeking material "relating to the government’s border searches of electronic devices in the possession of persons from the seven Muslim-majority countries covered by [Trump’s] January 27, 2017 Executive Order" (Religion Clause). 

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