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Travel Ban

Winter 2018 Supplement for Bradley & Goldsmith, Foreign Relations Law: Cases and Materials

Here is the Winter 2018 Supplement for Bradley & Goldsmith, Foreign Relations Law: Cases and Materials (6th ed. 2017). These materials cover, among many other things, the Supreme Court’s decision in Trump v. Hawaii (the “travel ban” case), which is excerpted with questions; the Supreme Court’s decision in Jesner v.

Travel Ban

Our Travel Ban Litigation Resource Post is Now Up-to-Date

Since the initial days of the first travel ban, Lawfare has curated a resource of court documents in the litigation against each iteration of the Trump administration’s executive orders limiting travel into the United States from citizens of largely Muslim-majority countries. The page started with just a handful of court cases; it currently includes over 50. And now, it’s completely up to date.

Travel Ban

The Supreme Court Travel Ban Ruling: A Summary

The Supreme Court's decision Tuesday in Trump v. Hawaii decisively puts to bed the “preliminary injunction” round of litigation over President Trump’s travel ban. In a 5-4 decision, with the majority opinion authored by Chief Justice John Roberts, the Supreme Court issued two core holdings: (a) that the latest ban does not exceed the president’s authority under the Immigration and Nationality Act (INA); and (b) that ban does not violate the Establishment Clause of the Constitution.

U.S. Supreme Court

Document: Supreme Court Upholds Travel Ban in Hawaii v. Trump

On Tuesday, in a 5–4 decision, the Supreme Court upheld President Trump’s September 2017 immigration order restricting entry to the United States by nationals of eight countries, finding that the order did not exceed the president’s authority under Section 1182(f) of the Immigration and Nationality Act. The full ruling is below.

Travel Ban

Was the Supreme Court Given Accurate Information During the Travel Ban Argument?

During last Wednesday’s oral argument at the Supreme Court, Solicitor General Noel Francisco said that the president’s travel ban excludes nationals of countries that fail to provide a “minimum baseline of information” needed to vet people entering the United States and that “the vast majority of the world” meets this “baseline.” Francisco described “reporting terrorism history information,” “reporting criminal history,” and “cooperat[ing] with us on a real-time basis” as part of that minimum

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.)

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