University Professor David Driesen’s important new book—”The Specter of Dictatorship: Judicial Enabling of Presidential Power” (Stanford, 2021)—reveals how the U.S. Supreme Court’s presidentialism threatens democracy and what the United States can do about it. To celebrate the publication of the…
“A Circumscribed Victory for Opponents of the Executive Order”
Elizabeth Cohen, associate professor of political science at Syracuse University’s Maxwell School of Citizenship and Public Affairs, comments on the ruling by the Ninth Circuit Court refusing to reinstate the administration’s travel ban.
“The per curiam ruling by the Ninth Circuit Court of Appeals marks a circumscribed victory for opponents of the Executive Order ‘Protecting the Nation From Foreign Terrorist Entry into the United States.’ What the arguments and decision say to observers is that going forward a great deal may hinge on concrete evidence rather than just interpretation of existing precedent,” said Dr. Cohen. “In particular, evidence about whether the Executive Order office was motivated by a desire to create a ‘Muslim ban’ and evidence about whether there is a real risk posed by people coming from these seven countries will be required. Given that the decision casts doubt on whether the US Government’s case could succeed on the merits, going forward, there is a heavy burden on the US government to demonstrate that the ban addresses a real security threat. The Trump administration would be well-advised to consider withdrawing and restructuring the Executive Order.”
Dr. Cohen is available to speak to the media on this issue. Please contact Jessica Smith, Director of Communications and Media Relationsfor the Maxwell School at email@example.com or 315.443.5492, or Ellen James Mbuqe, Director of News and PR for Syracuse University at firstname.lastname@example.org or 315.443.1897