Eric Posner on Whether the Court Thinks Trump is a Bigot

The Presidency Shrinks, Part 2
Eric Posner
Ericposner.com
February 13, 2017

In a post on the Ninth Circuit travel ban case, Washington v. Trump, I observed that when the case goes back to the district court, the court will determine whether Trump acted from anti-Muslim animus. If it so finds, then any future national-security action will be subject to an extra layer of judicial review, potentially interfering with the president’s ability to protect the public. “We may have a new regime of heightened judicial review in national security cases because courts believe the president is a bigot.”

Now we get to find out. A district court in Virginia made just this determination in a case called Aziz v. Trump. She declared the national-security justification for the travel ban a sham, and found sufficient evidence of anti-Muslim animus on Trump’s part to issue a preliminary injunction.

Faculty: 
Eric Posner