Travel Ban
The Travel Ban at the Supreme Court: Deference Seems to Prevail
Peter Margulies Wed, Apr 25, 2018, 4:46 PM
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Travel Ban
The Easy Way Forward on Trump v. Hawaii
Josh Blackman Wed, Apr 25, 2018, 2:58 PM
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
The Travel Ban and Presidential Power
Peter Margulies Mon, Apr 23, 2018, 8:00 AM
With the Supreme Court scheduled to hear oral argument on April 25 in Trump v. Hawaii, now is a good time to consider the government’s reliance on the president’s Article II power as a legal justification for the third iteration of President Trump’s travel ban.
travel ban
The Travel Ban, Article II, and the Nondelegation Doctrine
Josh Blackman Thu, Feb 22, 2018, 9:00 AM
On Sept. 24, 2017, President Trump signed a proclamation, better known as “travel ban 3.0,” which would have denied entry to aliens from six predominantly-Muslim nations.
Travel Ban
Travel Ban Update: Fourth Circuit Affirms Injunction as Supreme Court Awaits Argument
Peter Margulies Fri, Feb 16, 2018, 12:00 PM
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
Peter Margulies Fri, Feb 16, 2018, 12:00 PM
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
Document: Fourth Circuit Ruling in IRAP v. Trump
William Ford Thu, Feb 15, 2018, 2:07 PM
On Thursday, the Fourth Circuit Court of Appeals issued the following opinion in IRAP v. Trump.
Travel Ban
Travel Ban Update: Supreme Court Grants Certiorari
Peter Margulies Fri, Jan 19, 2018, 6:01 PM
The Supreme Court has just granted certiorari in Hawaii’s challenge to the September 2017 iteration of President Trump’s travel ban (EO-3).
Travel Ban
Travel Ban Update: Ninth Circuit Holds EO-3 Exceeds President’s Power
Peter Margulies Tue, Dec 26, 2017, 12:30 PM
On Dec. 22, the Ninth Circuit Court of Appeals ruled in Hawaii v. Trump that the September Proclamation (EO-3), indefinitely limiting immigration from certain listed countries, exceeded the President’s power under the Immigration and Nationality Act (INA).
Travel Ban
The Ninth Circuit Previews Why Article II Will Save The Travel Ban
Josh Blackman Tue, Dec 26, 2017, 12:30 PM
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.