Noah Feldman, Columnist

Take Trump’s Travel Ban Back to Court

Justice Kennedy opened the door. The plaintiffs should keep fighting against anti-Muslim bias.

June 29, 2018 at 4:26 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."

The case doesn’t have to end here.
Photographer: Mark Wilson/Getty Images

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The blockbuster case of Trump v. Hawaii may not be over. On his way out the door, Justice Anthony Kennedy buried a nugget in his concurring opinion that allows the challengers to go back to the district court and demand a trial on whether President Donald Trump’s travel ban was motivated by anti-religious animus.

Kennedy’s invitation sheds some light on the retiring justice’s character. There is no guarantee of success before the lower courts, but there is a better chance than I thought when I first read the decision. Certainly, the lawyers who brought the case should give it a try.