The Archive
Reference Library
The founding document as written, a plain overview of the seven Articles, and a glossary of archaic and legal terms.
Immigration & Citizenship
Trump v. Hawaii
Decided: 2018
Upheld a presidential travel ban on nationals of several majority-Muslim countries, while formally repudiating Korematsu.
Chief Justice Roberts's 5–4 majority upheld the third iteration of the Trump administration's travel restrictions on nationals of several countries, most majority-Muslim, under the Immigration and Nationality Act and rational-basis review. In an aside that made history, the opinion 'made express' what had 'long been obvious,' that Korematsu 'was gravely wrong the day it was decided' and 'has no place in law under the Constitution.' The travel ban itself, though, stood.