In our constitutional system, the extent of political controversies, including the protests, surrounding a given issue is utterly unrelated to the analysis… — 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
