"Politics!"? Of Course! A reflection on Washington v. Trump

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2017

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Babie, P.

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Emory law journal, 2017; 67:2001-2020

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Paul Babie

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Abstract

Were the decisions in Washington v. Trump political? Of course they were! While some may not care to admit it, President Trump correctly identifies-albeit for the wrong reasons-the political nature of the decisions. Rather than rendering them illegitimate, as the President suggested, the political nature of the District Court and Ninth Circuit Court of Appeals decisions is the very essence of their legitimacy and validity. This Essay explains why.

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Unless otherwise indicated, each article, essay, comment, or other work published in an Emory Law journal is copyright by its author(s). Also unless otherwise indicated, the authors and the journal grant permission to reproduce and distribute for nonprofit educational uses material published in the journal, provided that: (1) in the case of copies distributed in class, students are charged no more than the cost of duplication; (2) the copied work is identified in accordance with the rules set forth in the current edition of The Bluebook: A Uniform System of Citation; and (3) proper notice of copyright is affixed to each copy.

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