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).

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