An analysis of the Ninth Circuit's decision in the travel ban case.
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A summary of the opinion.
The U.S. Court of Appeals of the Ninth Circuit has affirmed in part a preliminary injunction against the Trump administration's revised travel ban issued by a federal district court in Hawaii v. Trump. The circuit court vacated the portions of the injunction that prevent the government from conducting internal reviews and that run against the President personally, but otherwise upheld the district court's ruling. The opinion is available in full below.
Professor Blackman has argued that the Supreme Court will not treat President Trump’s tweets as legally relevant if the Justices abide by the precedents set in Kerry v. Din and Kliendienst v. Mandel. President Trump’s tweetstorm yesterday may make that a much bigger "if."
As the courts continue to rule against the Trump administration's travel ban, most recently in International Refugee Assistance Project v. Trump, the language they use suggests the development of a new and less deferential jurisprudence for a new kind of presidency.
The Justice Department has filed a petition for a writ of certiorari in International Refugee Assistance Project v. Trump, requesting that the Supreme Court review the opinion of the U.S. Court of Appeals for the Fourth Circuit upholding the nationwide preliminary injunction against a key section of the travel ban. The petition is available in full below, along with stay applications filed by the government in both IRAP and Hawaii v. Trump, which is currently before the Ninth Circuit.
Fewer Central American migrants are attempting the journey through Mexico, a change likely due not only to fears of deportation but to rising smuggling costs.
The Fourth Circuit's curious citation of Ex parte Milligan in the travel ban case is a reflection of a kind of judicial supremacy and constitutional universalism that is very attractive today among left-leaning lawyers, judges, and legal academics—but that's not what Milligan says.
The U.S. Court of Appeals for the Fourth Circuit has affirmed in part a district court's nationwide preliminary injunction issued against the Trump administration's revised travel ban in International Refugee Assistance Project v. Trump. The decision is included in full below.
The Fourth Circuit Argument on the Refugee EO: Second-Guessing the President or Safeguarding Individual Rights?
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.