Brian Owsley (UNT Dallas College of Law) has posted Is The Supreme Court Irrational: Trump v. Hawaii (Southern California Interdisciplinary Law Journal, Vol. 29, No. 591, 2020) on SSRN. Here is the abstract:
The article addresses the three travel bans issued by President Donald Trump. It analyzes the Supreme Court’s decision in Trump v. Hawaii, especially the Court’s discussion on rational basis review. The article explains the Supreme Court’s jurisprudence regarding the role that both underinclusivity and overinclusivity play in rational basis analysis. It analyzes the underinclusivity and overinclusivity of Trump’s travel bans and his discriminatory animus against Muslims in
light of travel bans.