Last week, the Ninth Circuit upheld the lower court’s temporary restraining order on the Trump administration’s travel ban. If you listen to some news outlets, you’ve probably heard this described as an activist decision by politically motivated judges. To those on the other side of the issue, this was a much needed check by the judiciary on a rogue executive. But for all the opinions being bandied about, it is important to understand what the Ninth Circuit’s decision actually did — and didn’t — do.
Soon you’ll start your law school journey. If you’re unfortunate enough to have to take constitutional law in your first year, you’ll be very happy to find out about Erwin Chemerinsky, the author of the most widely used con law supplement around. Don’t buy the casebook, buy Chemerinsky’s supplement instead.