Noah Feldman, Columnist

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.

February 21, 2017 at 10:28 PM UTC

Noah Feldman is a Bloomberg Opinion columnist. A professor of law at Harvard University, he is author, most recently, of “To Be a Jew Today: A New Guide to God, Israel, and the Jewish People."

They won't like the next one, either.
Photographer: DON EMMERT/AFP/Getty Images

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President Donald Trump is poised to announce a redrafted executive order on immigration from seven majority-Muslim countries.1487715769855 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.