Chemerinsky on the Travel Ban Case
Berkeley Law Dean Erwin Chemerinsky in the ABA Journal offers background on the “travel ban” case before the U.S. Supreme Court. He begins:
“No case on the docket this year is likely to be more important than Trump v. Hawaii, which involves the legality of President Donald Trump’s travel ban. The case will be heard on the last day of arguments for the term, Wednesday, April 25.”
In summarizing the implications, Chemerinsky states:
“The underlying issues in Trump v. Hawaii are enormously important: Do the federal courts have authority to review presidential decisions barring immigration from specific countries? What is the president’s powers to do this? What, if any, justifications are required? May such presidential orders discriminate based on religion, and if not, how is it determined if there is religious discrimination? And if all of this is not enough to make the case significant, it also may reveal the justices’ views on presidential power and immigration that could be relevant to other issues pending in the lower courts, such as President Trump’s repeal of the Deferred Action for Childhood Arrivals program and the challenges to President Trump’s threatening to withhold federal funds from cities and states that do not cooperate with immigration officials.”
KJ