Here's why Trump's new travel ban might be harder to challenge in court
On Sunday, the Trump administration rolled out a new iteration of its much-critiqued travel ban, a version that targets a slightly different set of countries and has no expiration date. The new ban may also differ from its predecessors by posing a more difficult challenge to those who would try to fight it in court, as Reuters detailed Monday in dialogue with several legal experts.
"The greater the sense that the policy reflects a considered, expert judgment, the less the temptation (by courts) to second-guess the executive," Saikrishna Prakash, a University of Virginia law professor, told Reuters. To the extent that this version "looks less like a matter of prejudice or a desire to fulfill a campaign promise," Prakash said, the safer from legal contest it will be.
Because the new ban adds North Korea and select government officials from Venezuela to its no-entry list, the White House can more easily argue it is not excluding Muslims on the basis of their religion rather than measurable security risks.
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That each of the eight nations targeted are subject to slightly different guidelines will also help the administration's case in court, as will the ban's reliance on a multi-month review by the Department of Homeland Security. The review "at least arguably attenuates the link between the president’s alleged bias and the policy," said Margo Schlanger, a law professor at the University of Michigan.
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Bonnie Kristian was a deputy editor and acting editor-in-chief of TheWeek.com. She is a columnist at Christianity Today and author of Untrustworthy: The Knowledge Crisis Breaking Our Brains, Polluting Our Politics, and Corrupting Christian Community (forthcoming 2022) and A Flexible Faith: Rethinking What It Means to Follow Jesus Today (2018). Her writing has also appeared at Time Magazine, CNN, USA Today, Newsweek, the Los Angeles Times, and The American Conservative, among other outlets.
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