Immigration,
Government,
Constitutional Law
Apr. 17, 2018
The travel ban and the US Supreme Court
The court needs to provide an emphatic and clear answer that this is never permissible and therefore the travel ban is illegal and unconstitutional.
Erwin Chemerinsky
Dean and Jesse H. Choper Distinguished Professor of Law
UC Berkeley School of Law
Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).
OCTOBER 2017 TERM
A basic aspect of due process and equal protection is that the government cannot presume that a person is more dangerous because of his or her race or sex or religion or sexual orientation or national origin. President Donald Trump's travel ban has been misguided, illegal and unconstitutional because it does exactly that: It excludes people from coming to the United States solely because of their religion and their country of...
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