"Trump v. Hawaii: Brief of Constitutional Law Scholars as Amici Curiae " by Richard Primus
 

Document Type

Brief

Publication Date

3-30-2018

Abstract

Amici are constitutional law scholars. They submit this brief to identify a distinct legal principle compelling the conclusion that the President's travel ban proclamation is unconstitutional: the long-settled prohibition on governmental acts based on animus toward a particular religious group. A full list of Amici is attached as an appendix to this brief.

President Trump has repeatedly espoused the animus that motivated his promises-and his subsequent acts-to ban a large number of Muslims from entering the United States. As a result of his statements, a decision by this Court upholding the Proclamation would deliver a powerful blow to popular faith in the First Amendment as a shield against official religious prejudice. Respectfully, for freedom to endure, the Proclamation must be enjoined.

Comments

Amicus: Brettschneider, Professor Corey; Schwartzman, Professor Micah; Tebbe, Professor Nelson; Araiza, Professor William; Berg, Professor Thomas C.; Bhagwat, Professor Ashutosh; Brownstein, Professor Alan E.; Corbin, Professor Caroline Mala; Dorf, Professor Michael C.; Driver, Professor Justin; Edelman, Professor Peter; Eskridge, Professor William; Fiss, Professor Owen M.; Fontana, Professor David; Gedicks, Professor Frederick M.; Gordon, Professor Sarah Barringer; Green, Professor Steven K.; Greene, Professor Abner S.; Hellman, Professor Deborah; Hollman, Professor K. Hollyn; Huq, Professor Zeba A.; Kutz, Professor Christopher; Leib, Professor Ethan J.; Levinson, Professor Sanford; Lindsay, Professor Matthew; Litman, Professor Leah; Lupu, Professor Ira C.; McClain, Professor Linda; Michaels, Professor Jon D.; Michelman, Professor Frank I.; Perry, Professor Michael; Primus, Professor Richard; Rahman, Professor K. Sabeel; Rana, Professor Aziz; Richardson, Professor Song; Robinson, Professor Zoe; Sager, Professor Lawrence; Schragger, Professor Richard; Sepper, Professor Elizabeth; Siegel, Professor Reva; Smith, Professor Peter J.; Stone, Professor Geoffrey R.; Tribe, Professor Laurence H.; Tuttle, Professor Robert

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