Archive for December 2015

Abhorrent, Not Unconstitutional: Trump’s Would-Be Muslim Ban

There is no question that Donald Trump’s plan to cut off all entry to the country by Muslims, immigrants and visitors alike, is widely and justly felt to be contrary to this country’s values. But I have heard it said that such a ban would also be unconstitutional or illegal. I’m far from convinced.

Losing the Rule of Law, Memorandum by Memorandum

It will always be possible for lawyers to find a reason that the rules do not apply in whatever situation we face at the moment. Every circumstance is distinguishable from others, and the thicket of laws is so thick, we lawyers can always venture into it and come back brandishing some legal principle to justify whatever our leaders want to do. But if we lawyers justify our leaders into losing their way, we shall have failed in our most important responsibility.