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After 9<br>11, we realized that all these silly culture wars, and arguing about rock lyrics. . . who cares? You know, we, for some reason, remembered what our real problems are.

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David B. Rivkin

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.

Appreciate, Believe, Country, Court, Decision
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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, Yoo's approach offers a way to renew our political system's democratic vigor.

Constitutional, Important, Policy, Political, Way

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.

Bans, Contrast, Excluding, Parlance, Poor, Purpose

Well-established Supreme Court precedents indicate that states - like the states of Washington and Minnesota - have no equal-protection rights of their own, nor can they vindicate equal-protection rights of their citizens. The same is true about being able to challenge alleged religious discrimination. This limitation on the states' authority to champion such claims is fundamental to our separation-of-powers architecture.

Authority, Challenges, Minnesota, Religious, Rights, Vindicate

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 substantial discriminatory impacts on groups of people, based on such suspect classifications as race, nationality, ethnic origin, etc. This doctrine has never been used in foreign affairs.

Governmental, Impact, Nationality, Origin, Race, Unique

The fact that some former national security officials challenge the policy wisdom of the order, while other national security officials - most notably those of [Donald Trump's] administration - support it, merely demonstrates that these are policy disputes that the judiciary is both ill-equipped and constitutionally barred from arbitrating.

Barred, Challenges, Former, Order, Policy, Support
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