Among the Problems with Trump’s Proposed Ban: Who is a Muslim?
…spond that this seems like a violation of the First Amendment, at least in spirit. You can’t discriminate on the basis of religion or personal expression! But that constitutional argument ignores the degree to which Trump frames Islam as a kind of racial category—something that’s actually separate from personal expression altogether. “Equal protection categories in constitutional law are inadequate to describe the racial nature of the ‘Muslim terr…
Read More