Is The Supreme Court Irrational: Trump v. Hawaii

28 Pages Posted: 19 Nov 2020

Date Written: 2020


The article addresses the three travel bans issued by President Donald Trump. It analyzes the Supreme Court’s decision in Trump v. Hawaii, especially the Court’s discussion on rational basis review. The article explains the Supreme Court’s jurisprudence regarding the role that both underinclusivity and overinclusivity play in rational basis analysis. It analyzes the underinclusivity and overinclusivity of Trump’s travel bans and his discriminatory animus against Muslims in
light of travel bans.

Keywords: rational basis, travel bank, under inclusive, over inclusive

Suggested Citation

Owsley, Brian, Is The Supreme Court Irrational: Trump v. Hawaii (2020). Southern California Interdisciplinary Law Journal, Vol. 29, No. 591, 2020, Available at SSRN:

Brian Owsley (Contact Author)

UNT Dallas College of Law ( email )

106 South Harwood
Dallas, TX 75201
United States

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