Outside the White House, Jan. 25, 2017 Credit: Mike Maguire.

The travel ban isn't built to last. It will go to the Supreme Court, and it will lose.

Border Patrol, apparently under orders only from the top, is spawning panic from some who take their refusal to cooperate with court-mandated Federal Marshals as a sign for existential concern. But will the confusion trigger a constitutional crisis? Here's a good rundown of the cross-cutting legal ramifications of the travel ban. In short, there are plenty of reasons to think SCOTUS will eventually strike the order down. Some, such as the writ of habeas corpus filed at Dulles for two teens held without explanation and under coercion, hinge on pointing out how the implementation of the ban violated rights. Other lawsuits will strike to the core of the issue by arguing the order violates the Equal Protections Clause of the 14th Amendment.

It could take months, if not years, to play out, but in short the center of the Court is unlikely to side with Trump on this one.

Feb 2, 2017

In an 1888 lecture, James Russell Lowell, a founder of this magazine, challenged the happy assumption that the Constitution was a “machine that would go of itself.” Lowell was right. Checks and balances is a metaphor, not a mechanism.

David Frum puts forth an uncharacteristically coherent case: Trump's autocracy will be legal.
↩︎ The Atlantic
Feb 2, 2017
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