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Opinion
Noah Feldman

Revised Trump Travel Ban Will Face Legal Hurdles, Too

Government actions can't be motivated by hostility to a religion, the Supreme Court has ruled. Context counts.
They won't like the next one, either.

They won't like the next one, either.

Photographer: DON EMMERT/AFP/Getty Images

President Donald Trump is poised to announce a redrafted executive order on immigration from seven majority-Muslim countries. Will it pass legal muster? Or will the courts once again thwart the president’s will?

Early reports suggest that the new order will be drafted to avoid many of the legal problems that were posed by the earlier version, and to make judicial review harder to obtain. But the crucial question is whether the courts will consider the political context in which the order was drafted to conclude that it is still a Muslim ban under another name.