Peter Margulies is a professor at Roger Williams University School of Law, where he teaches Immigration Law, National Security Law and Professional Responsibility. He is the author of Law’s Detour: Justice Displaced in the Bush Administration (New York: NYU Press, 2010).
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The Court’s stay order respects the government’s legitimate interest in safeguarding national security as well as the challengers’ interest in maintaining relationships that are important to citizens, LPRs, and U.S. entities.
Countering Iran requires gains “on the ground” from tangible measures such as sanctions and, where necessary, the use of force, and also requires gaining the moral high ground of legitimacy in the war of ideas.
An analysis of the Ninth Circuit's decision in the travel ban case.
The Establishment Clause took center stage in Monday’s 10-3 Fourth Circuit decision in International Refugee Assistance Project (IRAP) v. Trump upholding a Maryland district court’s preliminary injunction against President Trump’s revised Refugee EO.
An analysis of the Ninth Circuit’s argument yesterday on President Trump’s revised Refugee EO in Hawaii v. Trump.
Yesterday's argument placed two opposition options before the Fourth Circuit (1) narrowly construe the President’s authority and read Trump’s comments in the worst possible light, or (2) cultivate a measure of deference.
The most recent ruling from the U.S. District Court for the District of Hawaii exceeds the bounds of Establishment Clause and clashes with both Congress’s delegation of power and the President’s Article II authority.