refugees

This post is the fourth 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.

This is the second part of a five-part series on the Fourth Circuit’s recent en banc decision in IRAP v. Trump. Part I analyzed the majority’s assessment of Trump and associates’ pre- and post-inauguration statements. This part will analyze how the court marshals the Supreme Court’s precedents concerning standing, the reviewability of immigration decisions, and the Establishment Clause.

Yesterday, in a highly anticipated 10-3 decision in International Refugee Assistance Program v. Trump, the U.S.

The Ninth Circuit’s argument yesterday on President Trump’s revised Refugee EO in Hawaii v. Trump took a novel turn: Judges Gould, Hawkins, and Paez focused on what the Immigration and Nationality Act (INA) actually says. Hearing the government’s appeal of a Hawaii district court’s preliminary injunction against the EO, the panel was thoughtful and discerning on both the INA and the Establishment Clause. Unfortunately, the parties’ positions were each too extreme to provide the court with optimal guidance.