Friday, February 10, 2017

Teaching the EO



Relevant to the legal challenge to the EO....
14th Amendment
U.S. Code 1182 (Federal statute passed by Congress)

So that you can be informed as you debate this EO, read it!
Text of the Executive Order

The ACLU's argument regarding the "establishment clause," which relies heavily on intent
We'll See You in Court

How controlling is intent?
Turley debates Katyal
"the justice Department attorneys are in a fetal position every time anyone like this talks about the purpose of a law"

Some sharp and helpful commentary...
How to Read and How Not to Read Today's 9th Circuit Opinion, Lawfare
"...the grounds on which this order was fought are not the grounds on which the merits fight will happen. Eventually, the court has to confront the clash between a broad delegation of power to the President—a delegation which gives him a lot of authority to do a lot of not-nice stuff to refugees and visa holders—in a context in which judges normally defer to the president, and the incompetent malevolence with which this order was promulgated."

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