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44 U. Dayton L. Rev. 491 (2018-2019)
The Trump Travel Ban: Rhetoric vs Reality

handle is hein.journals/udlr44 and id is 513 raw text is: THE TRUMP TRAVEL BAN: RHETORIC VS REALITY Jeffrey F. Addicott* SUPREME COURT UPHOLDS TRUMP TRA VEL BAN. Wow!1 - President Donald J. Trump A BSTRACT .................................................................................................. 49 1 I. INTRODUCTION ........................................................................................ 492 II. O VERVIEW .............................................................................................. 494 Im]. LOWER FEDERAL COURT LEGAL CHALLENGES TO THE TRUMP TRAVEL B A N ................................................................................................. 495 IV. OVERVEW OF TRUMP V. HAWAII ........................................................... 504 V. THE PLAINTIFFS' TEXTUAL ARGUMENT IN TRUMP V. HAWAII ............... 508 VI. PLAINTIFFS' STRUCTURAL & LEGISLATIVE PURPOSE ARGUMENT ...... 511 VII. MUSLIM BAN ARGUMENT UNDER THE ESTABLISHMENT CLAUSE ..... 515 ViII. TRUMP BIAS IN THE COURTS ............................................................. 522 IX . C ONCLUSION ........................................................................................ 527 ABSTRACT President Trump's Muslim ban set the nation afire with debate. Opponents to the ban were motivated by the President's underlying motivations. Three iterations of the travel ban were struck down by lower courts. Before the Supreme Court, however, the travel ban was upheld. First, the plain language of § 1182(f) granted broad discretion to the President. Second, it did not violate the prohibition of discrimination against selected categories in § 1152(a)(1XA). Finally, it failed to violate the Establishment * Professor of Law and Director, Center for Terrorism Law, St. Mary's University School of Law. B.A. (with honors), University of Maryland; J.D., University of Alabama School of Law; LL.M., The Judge Advocate General's Legal Center and School; LL.M. (1992) and S.J.D. (1994), University of Virginia School of Law. This article was prepared under the auspices of the Center for Terrorism Law located at St. Mary's University School of Law, San Antonio, Texas. The author wishes to acknowledge with special thanks the superb efforts of research assistants Nathaniel Hawkins, Cody Beitel, Laurel O'Donnell, and Catherine Salinas who supported this article with outstanding research and editing. ' Donald J. Trump (@realDonaldTrump), TWITTER (June 26, 2018, 7:40 AM), https://twitter.com/ realdonaldtrump/status/101 1620271327989760?lang--en. See also Josh Gerstein & Ted Hesson, Supreme Court Upholds Trump's Travel Ban, POLITICO (June 26, 2018, 2:33 PM), https://www.politico.com/story/ 2018/06/26/supreme-court-upholds-trumps-travel-ban-673181. In a written statement, the White House noted: Today's Supreme Court ruling is a tremendous victory for the American People and the Constitution. In this era of worldwide terrorism and extremist movements bent on harming innocent civilians, we must properly vet those coming into our country[.] Id

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