Legal experts: President hurting travel ban effort

Associated Press

WASHINGTON

Memo from legal experts to President Donald Trump on resurrecting his stalled travel ban: Put down the Twitter.

Trump’s 140-character musings Monday may have undercut his own efforts to persuade the Supreme Court to reinstate his revised travel ban, which Trump called a “watered-down, politically correct” version of what he’d originally sought. Just as Trump’s Justice Department is arguing the ban doesn’t target Muslims, legal experts said the president seems to be suggesting the opposite.

Those who oppose the travel ban said Trump’s Tweetstorm, ironically, helps their case. Neal Katyal, the former acting solicitor general representing Hawaii in its lawsuit against the ban, said it was as if Trump was his co-counsel.

“We don’t need the help but will take it!” Katyal wrote in his own Twitter post.

The courts in January halted Trump’s initial order, which banned travel from seven majority-Muslim countries and indefinitely halted entry to Syrian refugees. Trump begrudgingly scaled back the order by removing Iraq from the list and making the Syria refugee ban only temporary, but that order was blocked by the courts, too.

At the heart of the legal wrangling is whether Trump’s proposed ban violates the Constitution by discriminating on the basis of religion. As a candidate, Trump called for a “Muslim ban,” comments that came back to haunt him as president when the courts determined that even his scaled-down order was “rooted in religious animus and intended to bar Muslims from this country.”

Not so, the Justice Department has argued, insisting the temporary ban is based on credible national-security concerns unrelated to religion, and his campaign statements should be ignored. But Stephen Vladeck, a University of Texas law professor, said Trump was making that argument much less tenable by calling the revised order “politically correct.”