Experts Say Trump’s Muslim Ban Would Be Upheld

The Supreme Court would likely uphold Donald Trump’s plan to ban foreign Muslims from entering the U.S., some experts, including Temple law professor Peter Spiro, believe. Trump, who announced his plan this week as part of his platform running for the Republican presidential nomination, clarified that he would allow Muslim U.S. citizens to re-enter the country, which some say would have been the chief constitutional objection. Others say Trump’s plan violates the International Covenant on Civil and Political Rights, but Congress has not made that treaty enforceable in U.S. courts, and still others have said the plan is indeed unconstitutional. Stanford law professor Jenny Martinez calls it an equal protection violation, and Harvard law professor Laurence Tribe says it would violate the First Amendment’s religion clauses, and the due-process clause.