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

- David B. Rivkin

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

- David B. Rivkin

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

- David B. Rivkin

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,…

- David B. Rivkin

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…

- David B. Rivkin

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

- David B. Rivkin

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

- David B. Rivkin

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…

- David B. Rivkin

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

- David B. Rivkin