Balkinization  

Friday, June 16, 2017

Opposing Trump's Muslim Ban At The Supreme Court

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President Trump has asked the Supreme Court to lift the orders preventing him from implementing his revised travel ban. Nelson TebbeMicah Schwartzman and I, along with a large group of constitutional law scholars, have filed a brief opposing Trump's motion.

In our filing at the Supreme Court, we argue that the travel ban is an unconstitutional violation of the Establishment, Equal Protection, and Free Exercise Clauses. We demonstrate why Trump's recent tweets constitute additional evidence for his animus-based motivation. And we respond to the government's argument that the 4th Circuit engaged in a novel, unjustified expansion of the Establishment Clause.

Thanks to distinguished lawyer Roberta Kaplan and her team for drafting a terrific brief.

*Cross-posted at TakeCareBlog.com

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