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.
After a federal district court judge and a unanimous three-judge panel of the Ninth Circuit Court of Appeals ruled that Donald Trump’s Executive Order (EO) instituting a travel ban was likely illegal, the president suspended it and issued a new EO on March 6, 2017.
On March 15, a federal judge granted a temporary restraining order in Hawaii v. Trump et al., halting the operation of the new EO nationwide. US District Judge Derrick K. Watson found that plaintiffs met their burden of establishing a strong likelihood of success on the merits of their Establishment Clause claim, that irreparable injury is likely if the requested relief is not issued, and that the balance of the equities and public interest counsel in favor of granting the requested relief.
When the case is heard on the merits, the legality of the new EO, which categorically suspends immigration from six Muslim majority countries to the United States, should be assessed in light of US treaty and customary international law, according to an amicus brief filed in the case.Read moreRead On