President Trump’s Executive Order is Still Unlawful

President Trump’s Executive Order is Still Unlawful

Key Quote

“Finally, the United States Constitution trumps everything (pun intended). Even if we turned ourselves into pretzels attempting to rationalize a reading of the relevant statutory language into congressional approval of the broad executive power invoked in President Trump’s Executive Order, the Congress cannot authorize the President to do what the U.S. Constitution prohibits. In this case, the Equal Protection Clause prohibits discrimination against certain categories of green card holders on the basis of their religion or nationality, when other green card holders are treated differently. As applied to permanent resident aliens, the Executive Order is unconstitutional whether or not any congressional statute purports to grant the president the authority to act. Perhaps this is why, less than 48 hours after issuing the Order, the Trump Administration has already abandoned the claim that the Order applies to green card holders.”

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Posted on

November 1, 2019