期刊名称:Case Western Reserve Journal of International Law
印刷版ISSN:0008-7254
出版年度:2019
卷号:51
期号:1
页码:139-154
出版社:Case Western Reserve University School of Law
摘要:This article addresses five topics left unanswered by the majority opinion in Trump v. Hawaii, which upheld President Trump's travel ban in its entirety. What will happen on remand with respect to discovery? How should lower courts treat "this President, " as opposed to "the President "? How does the Constitution apply to aliens who are not seeking entry into the United States but have already crossed the border? What is the scope of the president's Article II power to exclude aliens? And, what is the permissible scope of a nationwide injunction?.
关键词:Trump v. Hawaii; travel ban; remand and discovery; the presidency; Constitution and aliens; presidential Article II powers; nationwide injunctions