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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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