Bench Memos

Acting Attorney General Refuses to Enforce Refugee Executive Order

Acting Attorney General Sally Yates has announced that she is prohibiting the Department of Justice from defending the Trump Administration’s Executive Order barring refugees and limiting immigration from designated countries. Notably, Yates suggests, but never quite says, that she believes the EO is unlawful (which is the only proper basis for refusing to defend an executive action). I have posted her statement and some additional thoughts on her decision at the VC.

Jonathan H. Adler — Mr. Adler is an NRO contributing editor and the inaugural Johan Verheij Memorial Professor of Law at Case Western Reserve University School of Law. His latest book is Marijuana Federalism: Uncle Sam and Mary Jane.