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Letters of the Week: June 19 - June 25

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  1. ImmigrationLawBlogs's Avatar
    POLITICO has a wonderful report dated June 21 on the evident influence that the ancient Greek historian, Thucydides, is having on White House thinking regarding foreign affairs, especially regarding the need to avoid any possible conflict between the US and China.

    While the president himself is not exactly known for his intellectual distinction, it is encouraging to know that at least some of his advisers are learning from the classics, which have so much to teach us about history and human nature. See:

    As a high school student at Phillips Academy, Andover (Mass.) many decades ago, it was my great fortune to be introduced to ancient Greek, but the only historian we read was Xenophon - I have to this day never read anything by Thucydides.

    However, it is never too late to start. At the same time, given whom America now has as president, it would be well worthwhile to bone up on what Plato, Aristotle and other ancient Greek thinkers had to say about how a democracy can turn into tyranny.

    Roger Algase
    Attorney at Law
    Updated 06-21-2017 at 02:24 PM by ImmigrationLawBlogs
  2. ImmigrationLawBlogs's Avatar
    I just reviewed the new 9th circuit travel ban decision. I was puzzled by the fact that it did not apply the supreme court's facially legitimate standard. A computer search of the 86 page decision uncovered a discussion of Mandel in a footnote. Se footnote 9 on page 33, which reads as follows:

    This claim looks at whether the President appropriately exercised his authority under 1182(f) by satisfying its precondition, and whether, and to what extent, his authority under 1182(f) is cabined by other provisions of the INA. Because this challenge does not look at whether “the Executive exercises this [delegated and conditional exercise of] power negatively,” Mandel, 408 U.S. at 770 (emphasis added), nor involves a constitutional challenge by a citizen to a visa denial on the basis of congressionally enumerated standards, id. at 769–70, but rather looks at whether the President exceeded the scope of his delegated authority, we do not apply Mandel’s “facially legitimate and bona fide reason,” id., standard. See Sale, 509 U.S. at 166–77 (reviewing whether the executive order complied with the INA without reference to Mandel’s standard).

    Do you agree with what then court is saying?

    Nolan Rappaport

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