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Civil Liberties and Constitutional Rights

The Role of Deference in Adjudicating the Military Transgender Policy, DACA and the Census

On March 9, the U.S. Court of Appeals for the D.C. Circuit issued two concurring opinions in an earlier per curiam ruling that had vacated a district court injunction against the military’s restrictions on service of transgender persons. As Judge Robert Wilkins’s concurrence observed, neither the D.C.


DACA Rescission 2.0

The Trump administration’s plan to wind down DACA, the deferred action policy that grants lawful presence to certain aliens, has been halted by several federal courts. While I have criticized such rulings in light of the deference due to the executive branch in this context, I freely concede that the government justification to rescind the policy was lacking.

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