Michael Kagan (University of Nevada, Las Vegas, William S. Boyd School of Law) has posted Is the Chinese Exclusion Case Still Good Law? (The President Is Trying to Find Out) (Nevada Law Journal, Forthcoming) on SSRN. Here is the abstract:
Though barely mentioned in the early court filings, the lurking issue in the constitutional challenges to Pres. Trump’s immigration bans – what opponents call the “Muslim ban” – is whether the 1889 Chinese Exclusion Case can still guide immigration law in the 21st Century.