The National-Security-Law Expert Who Blocked Trump's Travel Ban
The late Justice Antonin Scalia once compared a constitutional doctrine he disliked to “some ghoul in a late night horror movie that repeatedly sits up in its grave and shuffles abroad, after being repeatedly killed and buried.” Donald Trump’s travel ban—and the court challenges to it—also refuse to die.
The first travel ban was an Executive Order (known as “EO-1”) issued on January 27, 2017. It died ignominiously—enjoined by the Ninth Circuit and withdrawn by the White House. Its successor, a second Executive Order (“EO-2”) issued on March 6, was enjoined by both the Fourth and Ninth Circuits. Those two injunctions were narrowed slightly by the Supreme Court—but EO-2 will soon expire completely without receiving full Supreme Court review.
The ban, however, sat up in its coffin again on September 24,
