Trump v. IRAP; Trump v. Hawaii

Michael Harless Constitutional Law, Statutory Construction, U. S. Supreme Court

Today we filed our sixth brief in support of the Trump Immigration Executive Orders.  Three of those prior briefs were in the Ninth Circuit; one in the In the Fourth Circuit; and one in the U.S. Supreme Court.  In this brief, we set out four major arguments, on the critical issues which will be decided by the High Court..

First, we explain that as written and as applied the Establishment Clause only applies to efforts to “establish” a religion, and not supposedly disfavor a religion.  (That is why it is sometimes called the “no establishment” clause.)  We then explain the sources of the President’s authorities to restrict immigration and refugee admission. We discuss the vast power of the President over refugees.  Lastly, we discuss the phony finding of animus as a rationale for judicial usurpation of the power of the political branches.  (We even explain how the theories of Saul Alinsky could have helped fashion the complaint against President Trump.

Link to brief