A Shout-Out For Peter Spiro’s NY Times Oped on the Constitutionality of Trump’s Muslim Ban

by Julian Ku

I wanted to briefly point our readers to this smart oped in today’s NY Times from OJ’s own Peter Spiro on the constitutionality of Donald Trump’s proposed ban on Muslim immigration into the U.S.  Peter argues that, contrary to many people’s expectations, such a ban would be constitutional.  And that’s the problem.  Read the whole thing!

http://opiniojuris.org/2015/12/09/a-shout-out-for-peter-spiros-ny-times-oped-on-the-constitutionality-of-trumps-muslim-ban/

7 Responses

  1. CNN: petition to ban Trump from UK

  2. Donald Trump is a wannabe war criminal. He favors waterboarding, an infamous war crime of torture, violation of the CAT, violation of human rights law (under the U.N. Charter, the ICCPR, and the American Declaration of the Rights and Duties of Man as supplemented by the O.A.S. Charter), and crime against humanity at least if torture is part of his program involving systematic and/or widespread torture. Twenty-nine U.S. cases recognized that waterboarding and related inducement of suffocation by water is torture, as did seven U.S. Dep’t of State Human Rights Country Reports and three Human Rights Courts in Europe and the Americas. He favors killing members of the family of terrorists, an infamous war crime of collective punishment, reprisal, and murder as well as a violation of human rights law and a crime against humanity at least if murders are part of his program involving systematic and/or widespread killings. He favors detention of refugees in concentration camps on the basis of their religious preferences, an infamous form of arbitrary detention not authorized by the laws of war and a war crime in a theatre of war in time of war and an infamous violation of human rights law regarding personal security and liberty as well as freedom from impermissible forms of discrimination. He favors exclusion of all Muslims from the United States, an infamous violation of human rights law and a form of persecution on the basis of religion that is a crime against humanity at least if persecution of religious grounds is part of his program involving systematic and/or widespread persecution. He might favor carpet bombing, like another wannabe war criminal.

  3. “He favors detention of refugees in concentration camps on the basis of their religious preferences …”

    If you google on “detention of refugees in concentration camps” Germany at least is doing this now.

  4. @Jordan
    Why don’t the civil rights groups preach about the laws of war and the breaches committed by the Islamic State of the various conventions and treaties? These laws are no deterrent for groups like the ISIS, Boko Haram and al Shabaab.

  5. There is a letter by Lachlan MacKinnon in today’s Times (the original one) also arguing the legality of the proposal.

  6. The news story about recent refugees being housed at Buchenwald is here but it seems to be bogus, regret error:

    http://www.timesofisrael.com/germany-housing-refugees-in-buchenwald-concentration-camp/

  7. Kumar: they do! Amnesty Int’l, Human Rights Watch, etc. The ISIS crimes are well known.

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