Kevin R. Johnson
Immigration “Disaggregation” and the Mainstreaming of Immigration Law
Response to Matthew J. Lindsay, Disaggregating “Immigration Law”
Professor Matthew Lindsay, in his latest article on immigration law, adds meaningfully to the existing body of scholarship. He analyzes a fundamental question that immigration law scholars have long prodded the courts to answer definitively: In a nation bound by a national constitution, what role, if any, does the U.S. Constitution play in the review of the immigration laws? Over the last two centuries, the Supreme Court has failed to decisively answer that all-important question. At the same time, the Court on a case-by-case basis has inched toward increasingly “normal” judicial review of most immigration decisions. Read more.