Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

Cicada

(4,533 posts)
Mon Feb 6, 2017, 07:57 AM Feb 2017

Respected conservative law blog says Trump Ban unconstitutional

If you want both sides on legal issues read Balkinization for the left and Volokh Conspiracy for the right. Both are super smart sites with powerful arguments. Google Volokh Conspiracy Trump Ban to find conservative law professor Ilya Somin arguing the Trump Ban is illegally targeted to ban Muslims. He cites Giuliani's confession on Fox News and Trump's own comments. He says courts consider such things as proof of an illegal motive behind a law and says this is as clear cut a case as you will ever find.

I might add that courts are reluctant to get involved in foreign affairs, giving deference to the President. But still when a clear right wing law professor makes this argument I think Justice Kennedy is a good shot to agree.

3 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Respected conservative law blog says Trump Ban unconstitutional (Original Post) Cicada Feb 2017 OP
I think Roberts is even more likely to agree. truebluegreen Feb 2017 #1
... Lucinda Feb 2017 #2
Judges don't ignore attacks on the judiciary... HopeAgain Feb 2017 #3
 

truebluegreen

(9,033 posts)
1. I think Roberts is even more likely to agree.
Mon Feb 6, 2017, 08:29 AM
Feb 2017

Predict 6-2 vote to overturn ban, if it gets that far (which it won't unless there is disagreement between lower courts).

HopeAgain

(4,407 posts)
3. Judges don't ignore attacks on the judiciary...
Mon Feb 6, 2017, 08:43 AM
Feb 2017

The need to send a strong message to a President who attacks judges early in his term is likely to take precidence over politics here. I see Roberts going against Trump.

Latest Discussions»General Discussion»Respected conservative la...