Amicus Brief on Behalf of Evan McMullin et al in Hawaii v. Trump: Congress Intended to 'Eliminate All Vestiges of Discrimination'

On April 25, when the Supreme Court hears argument in Hawaii v Trump, the challenge to President Trump’s third executive order imposing a travel ban on nationals from eight countries (“EO-3”), the Court will have received the views not only of the parties but of numerous other interested individuals, organizations, and states who have submitted 73 amicus briefs. Of these, 13 briefs support the Trump Administration and EO-3, while 56 briefs support Hawaii and oppose EO-3. (Four other briefs support neither party.)  I have joined a brief (drafted by Harold Koh and others) of 52 former senior national security officials who argue that the travel ban would damage, not advance, U.S. foreign policy and national security interests.  In addition, together with colleagues at Arnold & Porter I have drafted and submitted (as counsel) a brief on behalf of former Presidential candidate Evan McMullin and a group of other historians, scholars,…

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