Analysis of IRAP v. Trump Part V: Judge Shedd and Judge Agee’s Dissents, and the Government’s Petitions for Certiorari and Applications for Stay
This is the final part of a five-part series on the Fourth Circuit’s recent en banc decision in IRAP v. Trump. Part I analyzed how the court considered pre- and post-inauguration statements. Part II analyzed how the court marshals the Supreme Court’s precedents concerning standing, reviewability of immigration decisions, and the Establishment Clause. In Part III, I analyzed the concurring opinions of Judges Keenan, Thacker, and Wynn.