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21 Rutgers J. L. & Religion 228 (2021)
Trump v. Hawaii - How Trump's Muslim Ban Is Considered Constitutional, Even through It Should Not Be, due to the Court's Failure to Include Trump's Prior Statements in Its Legal Analysis

handle is hein.journals/rjlr21 and id is 228 raw text is: TRUMP V. HAWAII - HOW TRUMP'S MUSLIM BAN IS
CONSIDERED CONSTITUTIONAL, EVEN THOUGH IT SHOULD
NOT BE, DUE TO THE COURT'S FAILURE TO INCLUDE
TRUMP'S PRIOR STATEMENTS IN ITS LEGAL ANALYSIS
Amy Erskine*
I.    INTRODUCTION
Within days of beginning his presidency, Donald Trump
issued an Executive Order that effectively banned Muslims from
entering the United States. After numerous court battles, this EO
eventually became Proclamation No. 9645, which gave rise to
Trump v. Hawaii. Due to the Supreme Court's prior history of giving
the president extreme deference for matters relating to immigration,
the Court held that the Proclamation did not violate the
Establishment Clause contained in the Frist Amendment and
declared the ban constitutional. However, the Court declined to look
at prior statements made by Trump and his advisors regarding the
true intent and purpose of the Proclamation. Such statements like,
a campaign promise that called for a total and complete ban
against Muslims entering the country or numerous tweets that
show his clear anti-Muslim animus. The Court should have used
these statements, made by the president himself, as evidence of the
true intent of Proclamation No. 9645, also known as the Travel Ban
or in Trump's own words, the Muslim Ban. Had the Court used
these statements in its legal analysis, it would have been obvious
that the Proclamation was motivated by anti-Muslim animus and
should have been declared unconstitutional, as it violates of the
First Amendment of the Constitution of the United States. This
decision has had significant effects on immigration to the United
States and shows the continued reliance by the Court on precedence
that allows the president to do basically whatever he wants when it
concerns immigration or national security.
* Staff Editor, Rutgers Journal of Law and Religion; J.D. Candidate Rutgers Law
School, Class of 2020.

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