The government reads the Supreme Court’s stay order too narrowly.
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The Court may be trying to turn down the temperature, and to interject a better model of behavior into our corroded institutions and discourteous civil discourse.
The Court’s stay order respects the government’s legitimate interest in safeguarding national security as well as the challengers’ interest in maintaining relationships that are important to citizens, LPRs, and U.S. entities.
Analysis of IRAP v. Trump Part V: Judge Shedd and Judge Agee’s Dissents, and the Government’s Petitions for Certiorari and Applications for Stay
Josh Blackman analyzes the dissents of Judges Shedd and Agee and the possible paths ahead now that the Solicitor General has asked the Supreme Court to weigh in.
Josh Blackman analyzes one of the three three dissenting opinions in the case.
Josh Blackman offers his take on the concurring opinions in IRAP v. Trump.
Analysis of IRAP v. Trump Part II: The Fourth Circuit’s Misuse of Mandel, Din, Lemon, and Town of Greece
A look at the majority's analysis of standing, the reviewability of immigration decisions, and the Establishment Clause.
The Establishment Clause took center stage in Monday’s 10-3 Fourth Circuit decision in International Refugee Assistance Project (IRAP) v.