Prof. Kitrosser Writes Column for American Constitution Society on Travel Order Litigation

Professor Heidi Kitrosser wrote a column for the American Constitution Society blog in which she argued that courts can and should consider statements made by Donald Trump during his campaign for the presidency in determining whether his administration's travel order purposefully discriminates against Muslims. She writes, for example, that in the litigation brought by the state of Washington and joined by Minnesota, both the federal district court and the U.S. Court of Appeals "simply took notice of Donald Trump’s own statements, made publicly and repeatedly from the early days of his campaign through the first days of his presidency, and acknowledged common sense connections between those statements and the travel order. This was no more and no less than what was necessary to hold the administration accountable under the Constitution."