‘Deference’ doesn’t mean ‘unreviewable’ even as to national security claims, Mr. President. Really very basic civics.

 The lead editorial in today’s Wall Street Journal is wrong. S.Ct. cases, Youngstown and Boumediene, fully support the 9th Cir decision against Trump. This is really basic judicial review to ensure compliance with the U.S. Constitution, both as to separation of powers and individual rights. This includes review of presidential actions involving foreign policy & national security. Even the Commander-in-Chief power is limited by the Constitution. The conservative Bush Supreme Court upheld the rights of non-American detainees being held in Guantanamo after 9-11. This is the hallmark of American ‘exceptionalism.’

About Stuart Malawer

Distinguished Service Professor of Law & International Trade at George Mason University (Schar School of Public Policy).
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