Five Unanswered Questions from Trump v. Hawaii

Blackman, Josh

Journal: Case Western Reserve Journal of International Law

Volume: 51

First Page: 139

Year: 2019

Bluebook Citation: 51 CASE W. RES. J. INT'L L. 139 (2019)

Author: Josh Blackman: all 19 publications


Abstract

This article addresses five topics left unanswered by the majority opinion in Trump v. Hawaii, which upheld President Trump's travel ban in its entirety. What will happen on remand with respect to discovery? How should lower courts treat "this President, " as opposed to "the President "? How does the Constitution apply to aliens who are not seeking entry into the United States but have already crossed the border?

What is the scope of the president's Article II power to exclude aliens? And, what is the permissible scope of a nationwide injunction?

Chat with this journal article using AI

Ask CiteLaw's AI Navigator anything about this journal article, verify citations, and research related authorities. Sign up for CiteLaw free today to get started.