Five Unanswered Questions from Trump v. Hawaii

16 Pages Posted: 23 May 2019

See all articles by Josh Blackman

Josh Blackman

South Texas College of Law Houston

Date Written: April 25, 2019

Abstract

Trump v. Hawaii upheld President Trump’s travel ban in its entirety. This article explores five questions left open by the majority opinion. First, what will happen on remand with respect to discovery? Second, how should lower courts treat “this President,” as opposed to “the President”? Third, how does the Constitution apply to aliens who are not seeking entry into the United States but have already crossed the border? Fourth, what is the scope of the president’s Article II power to exclude aliens? Lastly, what is the permissible scope of a nationwide injunction? The judiciary will likely have to address these issues in the near future.

Keywords: Supreme Court, immigration, due process, constitutional law

Suggested Citation

Blackman, Josh, Five Unanswered Questions from Trump v. Hawaii (April 25, 2019). Case Western Reserve Journal of International Law, Vol. 51, No. 139, 2019, Available at SSRN: https://ssrn.com/abstract=3378232

Josh Blackman (Contact Author)

South Texas College of Law Houston ( email )

1303 San Jacinto Street
Houston, TX 77002
United States

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