Monday, October 23, 2017

Ilya Somin: The case against special judicial deference in immigration and national security cases

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On the Volokh Conspiuracy, Ilya Somin makes "The case against special judicial deference in immigration and national security cases."  The Trump administration in the various iterations of the travel ban litigation has sought such special deference.  Among other things, Somin relies on "an excellent recent article at the Lawfare website [by] legal scholars Ganesh Sitaraman and Ingrid Wuerth [that] critique[s] such `national security exceptionalism' by pointing out that national security policy isn’t really all that exceptional."

KJ

https://lawprofessors.typepad.com/immigration/2017/10/ilya-solmin-the-case-against-special-judicial-deference-in-immigration-and-national-security-cases.html

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