Travel ban rewrite: Should judges parse Trump motives as well as the text?

As the Trump administration readies a revised version of its executive order restricting immigration to the United States from seven Muslim-majority countries, some of the reported changes in wording could address problems that caused the original order to be blocked by multiple federal courts. Although the full text of the order has not been released, the success of such lawsuits could still hinge on the question of whether statements from Trump and his surrogates during his presidential campaign could be used against him as evidence of an unconstitutional motive, even if the statements came before his election. According to news reports, the administration is working carefully to address some of the more glaring legal holes in its original order.

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