Authors:
  • There are a few instances that arise in the unique context of domestic equal-protection challenges to governmental actions that are facially neutral but produce substantial discriminatory impacts on groups of people, based on such suspect classifications as race, nationality, ethnic origin, etc. This doctrine has never been used in foreign affairs.

    "Is President Trump’s executive order constitutional?" by David B. Rivkin Jr., Karen Tumlin and James Downie, davidbrivkin.com. February 6, 2017.
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