A Different View of Why the Muslim Ban Violates the Establishment Clause
Yesterday, a diverse group of leading constitutional law scholars—representing many different views about the Establishment Clause—filed an amicus brief in IRAP v. Trump, the Fourth Circuit Muslim Ban case. (They will also file in the Ninth Circuit case.)
The brief can be found here.
The district courts in Maryland and Hawaii based their decisions on several cases that remain controversial, including Lemon v. Kurtzman. While we think their decisions are correct, we also think there is a different principle—with deep roots in our tradition and with widespread support among jurists of all stripes—that more accurately captures the nature of President Trump’s constitutional violation.