I believe that the 9th Circuit will not let Robart's decision stand. I say this fully appreciating the fact that the 9th Circuit is the most idiosyncratic in the country and the one most often overruled by the Supreme Court. — David B. Rivkin Copy Share Image
My argument is focused on the fact that a relatively small percentage of the world's Muslim countries are impacted by this order. Stated differently,… — David B. Rivkin Copy Share Image
By contrast, poll taxes were very effective in excluding blacks, as well as impacting many poor whites; in legal parlance, they were overly inclusive… — David B. Rivkin Copy Share Image
Yoo's theory promotes frank discussion of the national interest and makes it harder for politicians to parade policy conflicts as constitutional crises. Most important,… — David B. Rivkin Copy Share Image
Well-established Supreme Court precedents indicate that states - like the states of Washington and Minnesota - have no equal-protection rights of their own, nor… — David B. Rivkin Copy Share Image
In our constitutional system, the extent of political controversies, including the protests, surrounding a given issue is utterly unrelated to the analysis of legality… — David B. Rivkin Copy Share Image
I believe that the 9th Circuit will not let Robart's decision stand. I say this fully appreciating the fact that the 9th Circuit is… — David B. Rivkin Copy Share Image
Accordingly, it is not a Muslim ban at all, but a suspension of entrants from seven countries with conditions on the ground that both… — David B. Rivkin Copy Share Image
There are a few instances that arise in the unique context of domestic equal-protection challenges to governmental actions that are facially neutral but produce… — David B. Rivkin Copy Share Image
The fact that some former national security officials challenge the policy wisdom of the order, while other national security officials - most notably those… — David B. Rivkin Copy Share Image
![“By contrast, poll taxes were very effective in excluding blacks, as well as impacting many poor whites; in legal parlance, they were overly inclusive but nevertheless served their intended discriminatory purpose. This [Muslim ban] is fundamentally not the case here.” quote by David B. Rivkin](https://sms4smile.com/quotes/img-quotes/263/david-b-rivkin-43789_bans_by-contrast-poll-taxes-were-very-effecti_966368.jpg)
![“The fact that some former national security officials challenge the policy wisdom of the order, while other national security officials - most notably those of this [Donald Trump's] administration - support it, merely demonstrates that these are policy disputes that the judiciary is both…” quote by David B. Rivkin](https://sms4smile.com/quotes/img-quotes/04c/david-b-rivkin-43789_administration_the-fact-that-some-former-national-secur_3126900.jpg)