Breidbart and Nayak are students at Yale Law School.
It’s time for Donald Trump to do something he’s pretty much never done before: say he’s sorry.
In light of President Trump’s second major legal defeat in as many months, he may be left with no choice. Without an apology, President Trump’s revised travel ban, which was put on hold by two federal district courts on Wednesday, seems doomed to the same legal fate as his first one.
Why an apology?
The issue has to do with the Establishment Clause of the Constitution, which prevents government officials from intentionally disfavoring any religion. If courts determine that an objective observer would see a law’s primary purpose as an effort to single out one religious group, they will deem it a likely violation of the Establishment Clause.