Marjorie Cohn is professor emerita at Thomas Jefferson School of Law where she taught for 25 years. The former president of the National Lawyers Guild and criminal defense attorney is a legal scholar, political analyst and social critic who writes books and articles, makes media appearances and lectures throughout the world about human rights and U.S. foreign policy. She has testified before Congress and debated the legality of the war in Afghanistan at the prestigious Oxford Union. Her blogs appear on Huffington Post and she has provided commentary for CBS News, BBC, MSNBC, CNN, Fox News, NPR and Pacifica Radio.
When Donald Trump learned that a federal district court had refused to reinstate his Muslim ban last week, he tweeted in all caps, “SEE YOU IN COURT!” Aside from this strange reaction to a court decision, Trump’s angry outburst raises the question: Is the president allowed to have whatever he wants? To better understand the limits of his power, let’s look back at his attempt to unilaterally impose the Muslim ban, and the ways in which it has been blocked so far.
A week after he was inaugurated, Trump created a constitutional showdown by issuing his executive order prohibiting nationals from seven Muslim-majority countries from entering the United States.
People from Iraq, Iran, Libya, Syria, Somalia, Yemen and Sudan were banned from the US for 90 days. The executive order also indefinitely forbade Syrian refugees, even those granted visas, from entry into the US. And it suspended the resettlement of all refugees for 120 days.Read moreRead On