Hawaii v. Trump

Jeremiah Morgan Constitutional Law, Statutory Construction, U. S. Court of Appeals, Ninth Circuit

Today, we filed our seventh amicus brief in support of President Trump’s immigration actions, this time, in support of his September 24, 2017 Proclamation.  Our brief challenged the purported standing of the plaintiffs below, where the district court based standing on the Establishment Clause, but then granted the injunction based on statutory grounds.  Our brief argued that the question in this case was a political one, exceeding the scope of judicial powers, and also raised the point that the President has inherent constitutional authority over immigration.  Next, our brief demonstrated that the district court relied extensively on the Ninth Circuit’s previous opinion in Hawaii v. Trump, but that decision has since been vacated, stripping it of precedential value.  Finally, we noted that the district court failed to address the public safety basis of President Trump’s Proclamation.

Read Amicus Brief here.