travel ban

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travel ban

Six Possible Options for the Supreme Court’s Review of the Travel Ban

On Monday, the Supreme Court’s tumultuous 2016 term is scheduled to draw to an end. But will it? All of the briefing in the travel ban litigation has been filed, and the cases are ready for the Court’s ruling. There are (at least) six possible options for resolving this matter.

1. Hold a Special Session in July

Donald Trump

Analysis of IRAP v. Trump Part I: The Fourth Circuit’s Reliance on Pre- and Post-Inauguration Statements

Reading the Fourth Circuit’s en banc opinion in International Refugee Assistance Project v. Trump, one would think the court’s analysis amounts to routine application of well-settled precedent. But a close examination reveals the decision to be anything but.

Donald Trump

IRAP v. Trump: Applying The “Presumption of Regularity” in “Uncharted Territories”

Yesterday, thirteen judges of the Fourth Circuit sitting en banc heard argument in IRAP v. Trump. Acting Solicitor General Jeffrey Wall handled with aplomb an hour of blistering questions from about seven or eight judges on the red-hot panel. Omar Jadwat, arguing for the ACLU, also faced an hour of questions, though only two or three judges seemed to challenge his position.

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