Journal Title
University of Dayton Law Review
Volume
44
Issue
3
First Page
491
Document Type
Article
Publication Information
Summer 2019
Abstract
President Trump's "Muslim ban" set the nation afire with debate. Opponents to the ban were motivated by the President's underlying motivations. Three iterations of the travel ban were struck down by lower courts. Before the Supreme Court, however, the travel ban was upheld. First, the plain language of § 1182(f) granted broad discretion to the President. Second, it did not violate the prohibition of discrimination against selected categories in § 1152(a)(1)(A). Finally, it failed to violate the Establishment Clause because it is facially legitimate, satisfying rational basis review. The Court found no facial evidence demonstrating discriminatory bias.
Recommended Citation
Jeffrey F. Addicott, The Trump Travel Ban: Rhetoric vs Reality, 44 U. Dayton L. Rev. 491 (2019).