A Compendium of all of my Writings on the Travel Ban

April 23rd, 2018

Since January 27, 2017, I have written more than thee dozen blog posts, editorials, and articles about the three iterations of the travel ban. I have nothing new to say about this case until oral arguments, which I will be attending. I’ve also given hundreds of interviews with the press on the topic.

Here is a compendium of those writings for your convenience.

  1. Pretext and the Establishment Clause, Josh Blackman’s Blog (Jan. 28, 2017).
  2. Nationwide Injunction (Stay, really) issued in Darweesh v. Trump, Josh Blackman’s Blog (Jan. 28, 2017).
  3. The Procedural Aspects of “The Airport Cases,” Josh Blackman’s Blog (Jan. 29, 2017).
  4. Why Trump Had To Fire Sally Yates, Politico Magazine (Jan. 31, 2017).
  5. Washington Seeks Nationwide Injunction of Immigration Order, Relying on Argument It Opposed U.S. v. Texas, Josh Blackman’s Blog (Feb 1, 2017).
  6. Writing Opinions in Times of Conflict, Josh Blackman’s Blog (Feb 4, 2017).
  7. Instant Analysis Nationwide Injunction in Washington v. Trump, Josh Blackman’s Blog (Feb 4, 2017).
  8. The Statutory Legality of Trump’s Executive Order on Immigration, Josh Blackman’s Blog (Feb 5, 2017).
  9. Three Possible Paths to #SCOTUS for Washington v. Trump, Josh Blackman’s Blog (Feb 5, 2017).
  10. The Statutory Legality of Trump’s Executive Order on Immigration: Part II, Josh Blackman’s Blog (Feb 5, 2017).
  11. Second-Guessing on National Security, Josh Blackman’s Blog (Feb 6, 2017).
  12. The Statutory Legality of Trump’s Executive Order on Immigration: Part III, Josh Blackman’s Blog (Feb 7, 2017).
  13. The Statutory Legality of Trump’s Executive Order on Immigration: Part IV, Josh Blackman’s Blog (Feb 11, 2017).
  14. Kerry v. Din, Kleindiesnt v. Mandel, and Washington v. Trump, Josh Blackman’s Blog (Feb 11, 2017).
  15. The Ninth Circuit’s Contrived Comedy of Errors in Washington v. Trump: Part I, Lawfare (Feb. 13, 2017).
  16. The Ninth Circuit’s Contrived Comedy of Errors in Washington v. Trump: Part II, Lawfare (Feb. 14, 2017).
  17. The Legality of the 3/6/17 Executive Order, Part I: The Statutory and Separation of Powers Analyses, Lawfare (Mar. 11, 2017).
  18. The Legality of the 3/6/17 Executive Order, Part II: The Due Process Clause Analysis, Lawfare (Mar. 12, 2017).
  19. The Legality of the 3/6/17 Executive Order, Part III: The Establishment Clause, Lawfare (Mar. 15, 2017).
  20. Why Courts Shouldn’t Try to Read Trump’s Mind, Politico Magazine (Mar. 16, 2017).
  21. IRAP v. Trump: Applying The “Presumption of Regularity” in “Uncharted Territories,” Lawfare (May 9, 2017).
  22. The wrong way to assess the travel ban: Trump’s words in interviews and on the stump should not decide an appeals court’s ruling, New York Daily News (May 9, 2017).
  23. Hawaii v. Trump: What Would an “Objective Observer” Think of President Trump’s Travel Ban?, Lawfare (May 16, 2017).
  24. The Simple Answer to Judge Paez’s Question about Korematsu, Lawfare (May 19, 2017).
  25. Analysis of IRAP v. Trump Part I: The Fourth Circuit’s Reliance on Pre- and Post-Inauguration Statements, Lawfare (May 27, 2017).
  26. Analysis of IRAP v. Trump Part II: The Fourth Circuit’s Misuse of Mandel, Din, Lemon, and Town of Greece, Lawfare (May 28, 2017).
  27. Analysis of IRAP v. Trump Part III: The Concurring Opinions of Judges Thacker, Keenan, and Wynn, Lawfare (May 30, 2017).
  28. Analysis of IRAP v. Trump Part IV: Judge Niemeyer’s Dissent, Lawfare (June 2, 2017).
  29. Analysis of IRAP v. Trump Part V: Judge Shedd and Judge Agee’s Dissents, and the Government’s Petitions for Certiorari and Applications for Stay, Lawfare (June 2, 2017).
  30. All The President’s Tweets, Lawfare (June 5, 2017).
  31. America Needs Closure on the Travel Ban, N.Y. Times (June 11, 2017).
  32. Six Possible Options for the Supreme Court’s Review of the Travel Ban, Lawfare (June 24, 2017).
  33. The Scope of the Supreme Court’s Decision in IRAP v. Trump, Lawfare (June 27, 2017).
  34. Understanding the Supreme Court’s equitable ruling in Trump v. IRAP, SCOTUSBlog (July 12, 2017).
  35. The Solitary Executive, Foreign Policy (August 18, 2017).
  36. ‘Neutral Principles’ and the ‘Presumption of Regularity’ in the Era of Trump, Lawfare (Sept. 7, 2017).
  37. Reality Sets in for Federal Courts: The Travel Ban Was a ‘Temporary Pause’, Lawfare (Sept. 25, 2017).
  38. The Legal Resistance to President Trump, National Review (Oct. 11, 2017).
  39. A Nonchalant Conclusion to Trump v. IRAP, Lawfare (Oct. 13, 2017).
  40. The Travel Ban and the Rational Basis Test, Lawfare (Oct. 23, 2017).
  41. For Judges, ‘Legality’ Is Their Only ‘Reality’, Lawfare (Dec. 11, 2017).
  42. The Ninth Circuit Previews Why Article II Will Save The Travel Ban, Lawfare (Dec. 26, 2017).
  43. On the Judicial Resistance, Lawfare (Feb. 12, 2018).
  44. The Travel Ban, Article II, and the Nondelegation Doctrine, Lawfare (Feb. 22, 2018).