Late Monday night (after I wrapped up at the National Constitution Center, and before my 3:30 A.M. wakeup call for my flight back to Houston), I recorded a segment for the Australian Broadcasting Channel’s program, “The World,” about the new travel ban.
I am a bit behind schedule with my new three-part series on the new ban for Lawfare. Part I on the statutory and separation-of-powers issues should be finished today. Part II, on due process, and Part III, on the Establishment Clause, will follow. As a tease, there are a lot of fairly subtle and nuanced elements of this analysis that have been lost in the early analyses. Smart lawyers drafted this, in ways I hope the 9th Circuit recognizes.