My New Verfassungsblog Article On "The Nondelegation Case Against Trump's New Travel Ban"
It explains why a nondelegation challenge could work and deserves to win, despite Trump v. Hawaii.
Travel Ban
The Nondelegation Case Against Trump's Massive New Travel Ban
Trump v. Hawaii may block a challenge based on unconstitutional discrimination. But it does not preclude a nondelegation case. Other recent developments may actually bolster that approach.
U.S. Abandons Afghan Allies as Trump Administration Shuts Down Resettlement Programs
The State Department is eliminating the CARE office and ending the Enduring Welcome program, stranding U.S. allies who risked their lives and were told America would protect them.
The Gattaca Future Is Here
Plus: Trump's travel ban, NYC mayor candidate cites bad stats on child hunger, and more...
Trump's Massively Cruel New Travel Ban
He has banned nearly all new immigration and other entry by citizens of twelve countries, and imposed severe restrictions on seven more.
Why Would Trump Want To Ban Bhutanese People?
The proposed list of countries for the "Muslim ban" reboot has been leaked. It includes a small Buddhist kingdom in the Himalayas.
Possible Travel Bans Coming
Plus: The Trump administration's American dream revisionism, 50 theses on DOGE, what people get wrong about extreme MAGA, and more...
When COVID Authoritarianism Met Border Authoritarianism
All 194 countries in the World Health Organization imposed COVID travel restrictions. The authors of When the World Closed Its Doors argue it was a failure.
Courts Shouldn't Rely on Election Returns to Give Trump a Blank Check for Policies Motivated by Unconstitutional Discrimination
The key issue in such cases is the motivation of the official who adopted by the policy, not who voted for him.
The Supreme Court Was Right to Consider Andrew Cuomo's Unconstitutional Motives in NRA v. Vullo - and the same Principle Applies to Trump and Other Presidents
Chief executives' illicit motives can render their subordinates' actions unconstitutional. There is good reason for courts to enforce that rule.
Say Goodbye to Permissionless Travel
Americans will need a visa to visit Europe in 2024. Meanwhile, Europeans who have been to Cuba are discovering they can't come to the U.S., because terrorism.
White House Opposes Congressional Effort To End COVID Vaccine Mandate for Foreign Travelers
More than four months after President Joe Biden declared the pandemic to be over, the White House is fighting efforts to lift lingering and nonsensical COVID rules.
Cato Institute Files Lawsuit Seeking Release of Report Used to Justify Trump's Anti-Muslim Travel Ban
The contents of the report may well prove the Trump Administration tried to deceive the courts.
Stop the Covid Travel Bans
Experience shows that what little good they do is outweighed by the immensely cruel harm.
Don't Expect Joe Biden's Travel Ban To Save America From the Omicron Variant
The World Health Organization warns that such restrictions can cause more harm than they prevent.
Why We Can't Get Anywhere on Immigration
Turns out, building good systems is necessary to get good outcomes.
You Staying at Home Is the Future Unvaccinated-Punishers Want
Complying with the layers of COVID-19 restrictions on travel and human interaction is exhausting even for the vaccinated.
The End of Trump's Travel Bans
On his first day as president, Biden will end both of Trump's travel ban policies. It's a big step in the right direction, though more remains to be done.
Federal Court Rules Against Trump's Work Visa Ban
The court concludes that the ban is illegal in large part because the broad authority claimed by the president violates the nondelegation doctrine.
The Law Protects Religious Liberty Far More than Many People Think
Conservative legal commentator and experienced religious liberties litigator David French explains why.
Will Trump's New Travel Restrictions Help Combat Coronavirus?
Here's what public health experts are saying.
Trump Confuses Nation With COVID-19 Address
Plus: A second person appears to be cured of HIV, cops can destroy your home for no reason and refuse to pay, and more...
A Nondelegation Challenge to Trump's Travel Bans [updated to include some additional material]
Other possible legal challenges to Trump's expanded travel ban may be precluded by the Supreme Court's ruling in Trump v. Hawaii. This one is not.
Trump's Expanded Travel Ban Compounds the Wrongs of Previous Versions
The courts may not strike it down. But it remains both illegal and deeply unjust.
7 More Countries From Which Trump Wants to Ban Immigrants and Visitors
Plus: Kobe Bryant, school choice week, John Bolton's book, a FOSTA ruling, and more...
The Montana Blaine Amendment Case and the Need for a Consistent Approach to Discrimination on the Basis of Religion
Conservatives want courts to consider the governments' bigoted motives in enacting anti-Catholic Blaine amendments, but not when it comes to Trump's travel ban. Liberals tend to be inconsistent in the opposite way.
Bill Barr is Wrong to Claim Courts Cannot Examine Government Motives
Assessment of motives is often an essential tool for protecting our constitutional rights.
Assessing Justice Sotomayor's First Ten Years on the Supreme Court
The concerns I expressed about her record on property rights when I testified at her 2009 confirmation hearing were justified. But she has compiled an admirable record on several other issues.
The Ongoing Gratuitous Cruelty of Trump's Travel Ban
The way the travel ban policy has been implemented both before and after the Supreme Court's decision further underscores the magnitude of the Justices' mistake.
America Does Not Need to Stay in Syria to Protect the Kurds
It should lift the travel ban and bring them with it
Yemeni Mother Can't See Dying 2-Year-Old Because of Trump's Travel Ban, Family Says
"It's separating family-literally separating family from each other."
Google Employees Considered Adjusting Search Engine Algorithm to Hide Islamophobic Results
"Actively counter islamophobic, algorithmically biased results from search terms 'Islam', 'Muslim', 'Iran', etc."
The Case for a Consistent Approach to Government Discrimination on the Basis of Religion
Both right and left decry implicit government discrimination on the basis of religion when it targets groups they sympathize with. But both are all too ready to turn a blind eye in other cases.
My USA Today Op Ed on the Travel Ban Decision
The op ed outlines some of the grave flaws in today's Supreme Court ruling.
Initial Thoughts on the Supreme Court's Terrible Travel Ban Decision
Some preliminary comments on a badly flawed ruling.
How the Masterpiece Cakeshop Decision Strengthens the Case Against Trump's Travel Ban
The Supreme Court's ruling was based on state officials' apparent hostility to the bakers' religious beliefs. There is far stronger evidence of such hostility in the travel ban case.
Evidence Indicates there is no "Extensive" Analysis Backing Trump's Travel Ban
Despite the administration's claims to the contrary, it appears that no such thing exists. Its absence strengthens the constitutional case against the travel ban.
Thoughts on the Travel Ban Oral Argument
The justices' comments in the oral argument suggest this will be a close case that could easily go either way. The outcome could well turn on the views of that perennial swing voter, Justice Anthony Kennedy.
Why All Libertarians Should Hope that the Supreme Court Throws Out Trump's Travel Ban
Giving the government blanket power to check the Bill of Rights at the border won't serve the interests of citizens or immigrants
My "The Hill" Op Ed on the Bill of Rights and the Travel Ban
Prof. Michael Mannheimer and I have coauthored an op ed explaining why the Bill of Rights limits federal power over immigration, and renders Trump's travel ban unconstitutional.
A Roundup of My Volokh Conspiracy Posts on the Travel Ban
On the eve of the of Supreme Court oral argument in the travel ban case, here are links to some of my more notable VC posts on the subject.
Don't Let Trump's Travel Ban Become a Road Map for Discriminatory Policies
If the Supreme Court rules that Trump's campaign statements cannot be used to prove that his travel ban order was an attempt to discriminate against Muslims, it could create a dangerous precedent.
Can Extremer Vetting Reduce the Already Tiny Risk of Terrorism?
A new Cato Institute study finds that screening of visitors, immigrants, and refugees is about as thorough as can reasonably be expected.
Constitutional Law Scholars' Amicus Brief in the Travel Ban 3.0 Case Explains Why the Bill of Rights Restricts Federal Power over Immigration
The brief, which I coauthored on behalf of myself and six other legal scholars explains why the Bill of Rights constrains federal power over immigration no less than other types of federal power.
Appeals Court Rules That Trump's Travel Ban 3.0 Is Unconstitutional
The US Court of Appeals for the Fourth Circuit concluded that the ban violates the First Amendment because it is intended to discriminate against Muslims.
Supreme Court Will Hear Case Challenging Trump's Travel Ban 3.0
The Court's decision to take the case is not surprising. It could potentially result in a very important decision addressing the scope of presidential power over immigration.
