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