Constitutional Context
Constitutional Context
Osher Institute at SDSU
Episode 7 – But is it Discrimination?
5 minutes Posted Mar 28, 2017 at 8:29 pm.
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Show notes
Continuing controversy over whether the Trump Administration’s travel-ban unconstitutionally discriminates against Muslim believers brings into sharp relief a perennial, complicated question of constitutional law. Regularly, judges and others assessing governmental action face this general question:  When should a law or policy that is not discriminatory “on its face” nevertheless be treated as though it discriminates […]