Latest in Travel Ban

Travel Ban

The Easy Way Forward on Trump v. Hawaii

This morning, I attended oral arguments in Trump v. Hawaii. The only surprise (and a pleasant one at that) was that Lin-Manuel Miranda—the creator of the Broadway smash hit Hamilton—was kind enough to sign my pocket Constitution. (If I had a copy of my pleading in the emoluments clause litigation, I would have asked him to sign that instead.)

Travel Ban

Travel Ban Update: Fourth Circuit Affirms Injunction as Supreme Court Awaits Argument

Acting against the backdrop of the Supreme Court’s grant of certiorari in Hawaii’s challenge to the third iteration of President Trump’s travel ban (EO-3), the Fourth Circuit on Thursday by a vote of 9-4 affirmed the injunction in the other travel ban challenge, International Refugee Assistance Project v. Trump.

Travel Ban

Travel Ban Update: Fourth Circuit Affirms Injunction as Supreme Court Awaits Argument

Acting against the backdrop of the Supreme Court’s grant of certiorari in Hawaii’s challenge to the third iteration of President Trump’s travel ban (EO-3), the Fourth Circuit on Thursday by a vote of 9-4 affirmed the injunction in the other travel ban challenge, International Refugee Assistance Project v. Trump.

Travel Ban

The Ninth Circuit Previews Why Article II Will Save The Travel Ban

In invalidating the latest iteration of the travel ban, known as the Proclamation, the Ninth Circuit Court of Appeals reached an important question of first impression: whether the policy could be supported by the President’s independent Article II authority. The Hawaii v. Trump panel held that “the President lacks independent constitutional authority to issue the Proclamation, as control over the entry of aliens is a power within the exclusive province of Congress.” This conclusion is the most important sentence in the entire 77-page opinion.

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