And there, the Supreme Court will again have to deal with the relevance and weight of the president’s statements. Ultimately, I think it will be the Supreme Court that will have to resolve this tension. Is this just to be judged on the basis of national security, or does the religion clause jurisprudence come in as well?
The U.S. Court of Appeals for the Ninth Circuit next week takes up a travel ban case from Hawaii. Hogan Lovells partner Neal Katyal is lead counsel for the challengers.
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