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
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