There was also this rather odd suit that was the first using Establishment Clause http://religionclause.blogspot.com/2017/01/lawsuit-challenges-trump-executive.html?m=1 ________________________________________ From: religionlaw-boun...@lists.ucla.edu [religionlaw-boun...@lists.ucla.edu] on behalf of Schwartzman, Micah Jacob (mjs4d) [mj...@virginia.edu] Sent: Monday, January 30, 2017 6:50 PM To: Law & Religion issues for Law Academics Subject: Re: Religious Test for Immigration/Refugee--Lawsuits?
The ACLU has filed complaints including Establishment Clause challenges in (at least) two cases in California: 1. Vayeghan v. Kelly https://www.aclusocal.org/sites/default/files/filed_pet_for_writ_of_habeas_corpus_012817.pdf 2. Azad v. Trump https://www.aclusocal.org/sites/default/files/filed_amended_habeas_pet_complaint_012917.pdf In Vayeghan, Judge Gee issued an order on Sunday (1/29) and found, in part, that: Petitioner has demonstrated a strong likelihood of success in establishing that removal violates the Establishment Clause, the Immigration and Nationality Act, and his rights to Equal Protection guaranteed by the United States Constitution. See 8 U.S.C. §§ 1151, 1152(a)(1)(A) (“[N]o person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of the person’s race, sex, nationality, place of birth, or place of residence.”); Johnson v. California, 543 U.S. 499, 506–508 (2005); Board of Educ. Of Kiryas Joel Vill. Sch. Dist. V. Grumet, 512 U.S. 687, 696, 702–703 (1994); Vill. of Arlington Heights v. Metro. Housing Dev. Corp., 429 U.S. 252, 266–67 (1977). https://www.aclusocal.org/sites/default/files/vayeghan_-_order_re_tro.pdf On Jan 30, 2017, at 6:32 PM, James Oleske <jole...@lclark.edu<mailto:jole...@lclark.edu>> wrote: The first count of the complaint filed today in the Eastern District of Virginia by CAIR lawyers challenging the EO is based on the Establishment Clause (the complaint also raises free exercise, equal protection, and APA arguments): https://assets.documentcloud.org/documents/3438649/Complaint-Sarsour-ED-Va.pdf In addition, the national legal director of the ACLU has indicated that they will be challenging the EO on Establishment Clause grounds, and he has previewed the argument here: https://www.justsecurity.org/36936/well-court-trumps-executive-order-refugees-violates-establishment-clause/ - Jim On Mon, Jan 30, 2017 at 7:11 AM, Hillel Y. Levin <hillelle...@gmail.com<mailto:hillelle...@gmail.com>> wrote: Is anyone aware of or involved in lawsuits that have been filed challenging the distinction between Christian and Muslim refugees/immigrants in Trump's EOs on Estab Clause grounds? -- Hillel Y. Levin Associate Professor University of Georgia School of Law Director, Georgia Law in Atlanta 120 Herty Dr. Athens, GA 30602 (678) 641-7452<tel:(678)%20641-7452> hle...@uga.edu<mailto:hle...@uga.edu> hillelle...@gmail.com<mailto:hillelle...@gmail.com> SSRN Author Page: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=466645 _______________________________________________ To post, send message to Religionlaw@lists.ucla.edu<mailto:Religionlaw@lists.ucla.edu> To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others. _______________________________________________ To post, send message to Religionlaw@lists.ucla.edu<mailto:Religionlaw@lists.ucla.edu> To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others. _______________________________________________ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.
