I believe that the 9th Circuit will not let Robart's decision stand. I say this fully appreciating the fact that the 9th Circuit is the most idiosync….

Yoo's theory promotes frank discussion of the national interest and makes it harder for politicians to parade policy conflicts as constitutional cris….

In our constitutional system, the extent of political controversies, including the protests, surrounding a given issue is utterly unrelated to the an….

By contrast, poll taxes were very effective in excluding blacks, as well as impacting many poor whites; in legal parlance, they were overly inclusive….

Well-established Supreme Court precedents indicate that states - like the states of Washington and Minnesota - have no equal-protection rights of the….

Accordingly, it is not a Muslim ban at all, but a suspension of entrants from seven countries with conditions on the ground that both promote terrori….

My argument is focused on the fact that a relatively small percentage of the world's Muslim countries are impacted by this order. Stated differently,….

There are a few instances that arise in the unique context of domestic equal-protection challenges to governmental actions that are facially neutral ….

The fact that some former national security officials challenge the policy wisdom of the order, while other national security officials - most notabl….