Monday, July 2, 2018
Threading the Needle: Challenging Trump's Travel Ban Despite Trump v. Hawaii By Cyrus D. Mehta and Sophia Genovese
In Threading the Needle: Challenging Trump's Travel Ban Despite Trump v. Hawaii, Cyrus D. Mehta and Sophia Genovese consider the legacy of the Supreme Court's travel ban decision. It concludes:
"As Trump v. Hawaii passes through the ages, the dissents of Justice Sotomayor and Justice Breyer will have more force than the majority opinion. A powerful dissent signals to another court that the majority got it wrong, similar to Justice Murphy’s dissent in Korematsu. A dissent also sends a signal to Congress that it can overrule a Supreme Court decision by changing the law. This is how Justice Ginsburg’s powerful dissent in Ledbetter v. Goodyear Tire & Rubber Company, 550 U.S. 618 (2007), resulted in Congress enacting the Ledbetter Equal Pay Act. There is thus hope for the nation to redeem itself if a future Congress modifies INA § 212(f) thus effectively overruling Trump v. Hawaii."