Re: the unconstitutionality of barring Muslims from entering the U.S.

I just want to add to Paul's list of works dealing with the Establishment Clause's transnational applicability my own work on the subject. See in particular my 2010 article "Establishment Clause-Trophobia: Building a Framework for Escaping the Confines of Domestic Church-State Jurisprudence"

Re: the unconstitutionality of barring Muslims from entering the U.S.

Bob Tuttle and I have just expanded the Establishment Clause argument in this post: http://www.acslaw.org/acsblog/the-legality-of-muslim-exclusion-part-ii-the-establishment-clause On Thu, Dec 10, 2015 at 10:24 AM, Marty Lederman wrote: > This post by Steve Vladeck

Re: Religionlaw Digest, Vol 141, Issue 3

​The Indianapolis Star reports that "Two conservative groups filed a lawsuit Thursday afternoon challenging the constitutionality of the Religious Freedom Restoration Act

Re: the unconstitutionality of barring Muslims from entering the U.S.

Thanks, Jim, for the kind words about the book. On the asylum and refugee problem -- someone asked me about this yesterday, off-list. I answered with a variation on the following: In persecution cases, someone is claiming to be of a certain faith (or at least that she fears persecution because

Re: the unconstitutionality of barring Muslims from entering the U.S.

I agree with Marty that this whole discussion is unnerving, but given the initial polls showing (1) substantial majority support for Trump's proposal among likely Republican primary voters, as well as support from a sizable minority of likely Democratic primary voters, and (2) Trump reaching new

Re: the unconstitutionality of barring Muslims from entering the U.S.

The Establishment Clause does not apply to persons, here or abroad. The clause applies to the government and its actions. In the matter under discussion, the actions would occur at the border of the United States and in US embassies around the world. As I understand it, those embassies are not

Re: the unconstitutionality of barring Muslims from entering the U.S.

Thanks, Chip. I can see why sincerity might be more difficult to judge in the denial-of-affiliation situation than in the claim-of-affiliation situation, but I'm not sure a sincerity inquiry is impossible in the former situation. And I do wonder how often the line between a permissible sincerity

Re: the unconstitutionality of barring Muslims from entering the U.S.

This post by Steve Vladeck strikes me as just right: https://www.justsecurity.org/28221/missing-constitutional-analyses-donald-trumps-muslim-immigration-ban/ Three relatively minor additional points: 1. I don't believe there have ever been any Supreme Court cases in which the "plenary power"