Micah J. Schwartzman

Animus and the Travel Ban

CO-AUTHORS Corey Brettschneider and Nelson Tebbe
PUBLISHER
Take Care
DATE
2017-05-8
 

Abstract

Donald Trump's lawyers are seeking to defend his ban on travel from six Muslim majority countries. Today, oral argument will be heard by the Fourth Circuit Court of appeals and it will be heard by the Ninth Circuit on Monday.

In amicus briefs filed in the cases, we argue that the executive order should be struck down because it conflicts with the Constitution. The briefs were signed by over 45 prominent scholars of constitutional law. Despite their differences, these scholars agree that the ban is unconstitutional because it violates a core constitutional principle: no law can be based on animus against a disfavored group. This principle transcends judicial and ideological divisions, and is the reasoning most likely to prevail in the Supreme Court, should the travel ban cases come before the Justices.

 

Citation

Corey Brettschneider, Micah J. Schwartzman & Nelson Tebbe, Animus and the Travel Ban, Take Care (May 8, 2017).
 

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