New Trier Jo-Wittenmeyer Aff

Last modified by Lauren Wittenmyer on 2018/09/09 15:22

Tournament	Round	Opponent	Judge
Niles	2	GBN KO	Brad Meloche
Niles	3	Solorio GU	Alyssa Corrigan
Niles	6	Whitney Young MO	Tim Freehan
Niles	Doubles	GBN BS	Jigar Dhimar, Brad Meloche, Theo Noparstak

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1AC - Travel Ban - Niles Doubles Tournament: Niles \| Round: Doubles \| Opponent: GBN BS \| Judge: Jigar Dhimar, Brad Meloche, Theo Noparstak Travel Ban 1AC– New Trier Plan Thus the plan: The United States federal government should substantially reduce Executive Order 13780’s restrictions on legal immigration to the United States on the basis that it does not meet the criteria for a "bona fide" exclusion. Terror Advantage Advantage 1 is Terror Travel ban deters efforts at terrorism cooperation – it offends our closest allies who exchange national security data with us James Clapper et al 18 (~Senior Fellow at Belfer Center for Science and International Affairs, served as the Director of National Intelligence from 2010-2017~, ~Geltzer, Joshua A., Executive Director of the Institute for Constitutional Advocacy and Protection, Visiting Professor of Law @ Georgetown University Law Center, Senior Director for Counterterrorism at the National Security Council Staff from 2015-2017~, ~Olsen, Matthew G., leading government official on a range of national security issues, served for three years as the Director of the National Counterterrorism Center under President Obama~, "We’ve worked on stopping terrorism. Trump’s travel ban fuels it", 4/23/18, https://www.cnn.com/2018/04/23/opinions/trump-travel-ban-fuels-terrorism-clapper-geltzer-olsen/index.html)//rj Speaking in Davos this January, President Donald Trump promised that, "when it AND ban hinders, rather than helps, the critical mission of protecting Americans. Travel ban undermines effective terrorism cooperation – it violates foreign treaties and alienates foreign actors Jay Shooster 17 (Masiyiwa Bernstein Fellow @ Just Security, graduated from the NYU School of Law, served as a clinical student on the policing policy team of the NAACP Legal Defense and Educational Fund, "Trump’s Immigration Policy Risks Violating International Law – alienates US allies", 1/27/17, https://www.justsecurity.org/36834/trumps-immigration-restrictions-risk-violating-international-law-cutting-foreign-allies-support/)//rj The Trump Administration may be in for a rude awakening. Even if its proposed AND our allies’ commitment to the principles that the Trump team will have abandoned. Travel ban is a recruiting tool for terror – its discriminatory intent radicalizes home-grown terrorists Julia Ebner and Jonathan Russel 17 (~Policy analyst at Quilliam, a counter-extremism think tank in London~, ~Qulliam’s head of Policy~, "How Trump may be inadvertently helping ISIS", 2/1/17, https://www.cnn.com/2017/02/01/opinions/isis-use-travel-ban-to-radicalize-opinion/index.html)//rj EDITED FOR PROBLEMATIC LANGUAGE —- WE DO NOT ENDORSE IT (CNN)Trump's travel ban does not only lack compassion, precision and potentially legal grounding, but it is also strategic AND such as "extreme vetting" — can hardly be a sustainable solution. International cooperation solves terrorism – overcome alt causes CSR 14* — (internally cites Fatma Ceren Yazgan. deputy director for security affairs at the Turkish Ministry of Foreign Affairs, Heidi Meyer, political advisor to NATO LANDCOM, and David Blose, political assistant @ LANDCOM "The Role of Diplomacy and Soft Power in Combatting Terrorism," Center for Strategic Research Workshop Report, paraphrased transcript of roundtable discussion @ CSR, 5-28-2014, Available Online at http://www.coedat.nato.int/publication/workshop'reports/04-Diplomacy'Soft'Power'Report.pdf, accessed 8-17-2017) Mrs. Fatma Ceren Yazgan, Deputy Director General for Security and Intelligence Affairs at the Turkish Ministry of Foreign Affairs AND are the educational programs they provide for the children and young people in order to spread their ideology. Nuclear terror causes mass death and suffering, economic slowdown, and the destruction of the liberal world order – the risk is high enough to be worth stopping. Bunn and Roth 17 Matthew Bunn is a professor of practice at the Harvard Kennedy School. A former advisor in the White House Office of Science and Technology Policy, he is the author or co-author of over 20 books or major technical reports, and over 100 articles in publications ranging from Science to The Washington Post, Nickolas Roth is a research associate at the Belfer Center’s Project on Managing the Atom at Harvard University. The author or co-author of dozens of articles and reports on nuclear security, nonproliferation, and arms control, Roth is also a research fellow at the Center for International and Security Studies at the University of Maryland, 2017, "The effects of a single terrorist nuclear bomb," Bulletin of the Atomic Scientists, 09/28, https://thebulletin.org/2017/09/the-effects-of-a-single-terrorist-nuclear-bomb/ Accessed 08/08/2018 jsaltman The escalating threats between North Korea and the United States make it easy to forget the "nuclear nightmare," AND Given the scale of the consequences, the countries of the world have an obligation to do everything in their power to ensure that the dark day after a terrorist nuclear blast never comes. Deference Advantage Advantage 2 is Deference Trump v. Hawaii expanded deference over immigration – it gave the executive unprecedented control over the admissibility of immigrants Leah Litman 6/26 (Assitant Professor of Law at the University of California, Irvine, specialized in constitutional law, federalism, federal post-conviction law, habeaus corpus, federal courts, "Unchecked Power is Still Dangerous No Matter What the Court Says", 6/26/18, https://www.nytimes.com/2018/06/26/opinion/travel-ban-hawaii-supreme-court.html)//rj Government officials cannot discriminate on the basis of race or religion. AND The question is whether the rest of us will step up and stop the administration instead. Excessive deference to the executive undermines the rule of law, separation of powers and American credibility Charles A. Bird 18 (Specializes in appeals and writs in all California and federal appellate courts, lead counsel in more than 70 cases with published opinions, including US Supreme Court, California Supreme Court, handled more than 200 appeals and writs as lead counsel, "Amicus Curiae Brief of 36 Appellate Lawyers Supporting Respondents", an amicus brief of 36 lawyers regarding Trump v. Hawaii and its impact on American legitimacy, 3/27/18, https://www.supremecourt.gov/DocketPDF/17/17-965/40125/20180327105349067'Brief20of203620Appellate20Lawyers.pdf)//rj D. Upholding the rule of law requires considering all the President’s statements that relate to the executive orders. AND and should be admissible, to interpret and determine the validity of that order Maintaining the rule of law is necessary for democracy – courts play an essential role in constraining the executive —- abdicating this role causes backsliding to illiberal democracies and authoritarian regimes Semi Oktay 16 (Pursuing Degree Master of Arts at Josef School of International Studies at University of Denver, "The Role of the Judiciary and The Rule of Law in Democratization: The Chances of Democratic Consolidation", 1/1/2016, https://digitalcommons.du.edu/cgi/viewcontent.cgi?article=2092andcontext=etd)//rj UNDERSTANDING HYBRID REGIMES: INTERACTION OF AUTHORITARIAN ELEMENTS WITH DEMOCRATIC VALUES Scholars speak about hybrid regimes as the type of states AND Since it is important to measure these two factors, the judiciary must cooperate with other social and political institutions (611). America’s disregard for the rule of law is modeled everywhere —- specifically, the travel ban causes backsliding towards authoritarianism Donald Donovan et al 3/30 (~Co-Chair of Debevoise’s International Dispute Resolution Group and its Public International Law Group and serves as council and international disputes before international courts~, List of Amici Attached in Link, "Brief of Amici Curiae Retired Generals and Admirals of the U.S. Armed Forces In Support of Respondents", 3/30/18, https://www.supremecourt.gov/DocketPDF/17/17-965/41713/20180330120220844'17-96520Retired20Generals20and20Admirals20of20U.S.20Armed20Forces20Amicus20Brief.pdf) II. EO-3 Endangers Deployed U.S. Service Members by Creating the Perception that the United States Is Contravening International Norms and Human Rights Ideals AND a perception furthered by EO-3 and its predecessors, is a strong recruitment tool for terrorist acts,90 and risks setting back U.S. military operations against them. This is an existential threat — war, famine, poverty, and terrorism. Kasparov 17 — Garry Kasparov, Chairman of the Human Rights Foundation, former World Chess Champion, 2017 ("Democracy and Human Rights: The Case for U.S. Leadership," Testimony Before The Subcommittee on Western Hemisphere, Transnational Crime, Civilian Security, Democracy, Human Rights, and Global Women's Issues of the U.S. Senate Committee on Foreign Relations, February 16^th, Available Online at https://www.foreign.senate.gov/imo/media/doc/021617'Kasparov'20Testimony.pdf, Accessed 07-13-2017) As one of the countless millions of people who were freed or protected from totalitarianism by the United States of America, it is easy for me to talk about the past AND Admired not for being perfect, but for having the exceptional courage to always try to be better. Thank you. Specifically, the travel-ban ruling echoes the racist jurisprudence that haunts America – furthering cases like Korematsu v. United States and Plessy v. Ferguson —- the courts have an ethical responsibility to reverse the travel ban and maintain our rule of law Charles A. Bird 18 (Specializes in appeals and writs in all California and federal appellate courts, lead counsel in more than 70 cases with published opinions, including US Supreme Court, California Supreme Court, handled more than 200 appeals and writs as lead counsel, "Amicus Curiae Brief of 36 Appellate Lawyers Supporting Respondents", an amicus brief of 36 lawyers regarding Trump v. Hawaii and its impact on American legitimacy, 3/27/18, https://www.supremecourt.gov/DocketPDF/17/17-965/40125/20180327105349067'Brief20of203620Appellate20Lawyers.pdf)//rj II. American Analogies and Contrasts. At times, this Court has succumbed to pulls from the executive branch and emotional factions to compromise the rule of law AND They are the kinds of voices absent from the German jurisprudence prevalent in 1933. Solvency The plan solves – the executive must present a legitimate rationale for the Travel Ban that passes judicial review —- the plan preserves presidential powers but only to the extent permissible under the Bill of Rights and Kleindienst v. Mandel Ilya Somin et al 18 (~Professor of Law at George Mason University~, ~Mannheimer, Michael J. Zydney, Professor of Law at Salmon P. Chase College of Law at Northern Kentucky University~, ~Horvitz and Levy LLP~, Additional List of Amici Attached, "Brief of Amici Curiae Constitutional Law Scholar in Support of Respondents", March 2018, https://papers.ssrn.com/sol3/papers.cfm?abstract'id=3157273)//rj C. To the extent that the Court’s precedent does cast doubt on the applicability of the Bill of Rights to immigration cases, AND Proclamation fails to consistently apply its own supposed criteria for determining which nations should be covered). The plan solves —- the plan limits the plenary power doctrine Hilarie Bass et al 17* (President of American Bar Association, Co-President of International Law Firm Greenberg Traurig and a Prolific Trial Attorney, "Brief Amicus Curiae of the American Bar Association In Support of Respondents and Affirmance", 9/18/17, https://www.clearinghouse.net/chDocs/public/IM-MD-0004-0224.pdf)//rj INTRODUCTION AND SUMMARY OF ARGUMENT The Executive Order at issue here suspends entry into the United States by all nationals of six almost entirely Muslim countries AND this Court need not and should not ignore those statements in determining the Order’s constitutionality.	9/9/18
1AC - Travel Ban - Niles Round 2 Tournament: Niles \| Round: 2 \| Opponent: GBN KO \| Judge: Brad Meloche Travel Ban 1AC– New Trier Plan Thus the plan: The United States federal government should substantially reduce Executive Order 13780’s restrictions on legal immigration to the United States on the basis that it does not meet the criteria for a "bona fide" exclusion. Terror Advantage Advantage 1 is Terror Travel ban deters efforts at terrorism cooperation – it offends our closest allies who exchange national security data with us James Clapper et al 18 (~Senior Fellow at Belfer Center for Science and International Affairs, served as the Director of National Intelligence from 2010-2017~, ~Geltzer, Joshua A., Executive Director of the Institute for Constitutional Advocacy and Protection, Visiting Professor of Law @ Georgetown University Law Center, Senior Director for Counterterrorism at the National Security Council Staff from 2015-2017~, ~Olsen, Matthew G., leading government official on a range of national security issues, served for three years as the Director of the National Counterterrorism Center under President Obama~, "We’ve worked on stopping terrorism. Trump’s travel ban fuels it", 4/23/18, https://www.cnn.com/2018/04/23/opinions/trump-travel-ban-fuels-terrorism-clapper-geltzer-olsen/index.html)//rj Speaking in Davos this January, President Donald Trump promised that, "when it AND ban hinders, rather than helps, the critical mission of protecting Americans. Travel ban undermines effective terrorism cooperation – it violates foreign treaties and alienates foreign actors Jay Shooster 17 (Masiyiwa Bernstein Fellow @ Just Security, graduated from the NYU School of Law, served as a clinical student on the policing policy team of the NAACP Legal Defense and Educational Fund, "Trump’s Immigration Policy Risks Violating International Law – alienates US allies", 1/27/17, https://www.justsecurity.org/36834/trumps-immigration-restrictions-risk-violating-international-law-cutting-foreign-allies-support/)//rj The Trump Administration may be in for a rude awakening. Even if its proposed AND our allies’ commitment to the principles that the Trump team will have abandoned. Travel ban is a recruiting tool for terror – its discriminatory intent radicalizes home-grown terrorists Julia Ebner and Jonathan Russel 17 (~Policy analyst at Quilliam, a counter-extremism think tank in London~, ~Qulliam’s head of Policy~, "How Trump may be inadvertently helping ISIS", 2/1/17, https://www.cnn.com/2017/02/01/opinions/isis-use-travel-ban-to-radicalize-opinion/index.html)//rj EDITED FOR PROBLEMATIC LANGUAGE —- WE DO NOT ENDORSE IT (CNN)Trump's travel ban does not only lack compassion, precision and potentially legal grounding, but it is also strategic AND such as "extreme vetting" — can hardly be a sustainable solution. International cooperation solves terrorism – overcome alt causes CSR 14* — (internally cites Fatma Ceren Yazgan. deputy director for security affairs at the Turkish Ministry of Foreign Affairs, Heidi Meyer, political advisor to NATO LANDCOM, and David Blose, political assistant @ LANDCOM "The Role of Diplomacy and Soft Power in Combatting Terrorism," Center for Strategic Research Workshop Report, paraphrased transcript of roundtable discussion @ CSR, 5-28-2014, Available Online at http://www.coedat.nato.int/publication/workshop'reports/04-Diplomacy'Soft'Power'Report.pdf, accessed 8-17-2017) Mrs. Fatma Ceren Yazgan, Deputy Director General for Security and Intelligence Affairs at the Turkish Ministry of Foreign Affairs AND are the educational programs they provide for the children and young people in order to spread their ideology. Nuclear terror causes mass death and suffering, economic slowdown, and the destruction of the liberal world order – the risk is high enough to be worth stopping. Bunn and Roth 17 Matthew Bunn is a professor of practice at the Harvard Kennedy School. A former advisor in the White House Office of Science and Technology Policy, he is the author or co-author of over 20 books or major technical reports, and over 100 articles in publications ranging from Science to The Washington Post, Nickolas Roth is a research associate at the Belfer Center’s Project on Managing the Atom at Harvard University. The author or co-author of dozens of articles and reports on nuclear security, nonproliferation, and arms control, Roth is also a research fellow at the Center for International and Security Studies at the University of Maryland, 2017, "The effects of a single terrorist nuclear bomb," Bulletin of the Atomic Scientists, 09/28, https://thebulletin.org/2017/09/the-effects-of-a-single-terrorist-nuclear-bomb/ Accessed 08/08/2018 jsaltman The escalating threats between North Korea and the United States make it easy to forget the "nuclear nightmare," AND Given the scale of the consequences, the countries of the world have an obligation to do everything in their power to ensure that the dark day after a terrorist nuclear blast never comes. Deference Advantage Advantage 2 is Deference Trump v. Hawaii expanded deference over immigration – it gave the executive unprecedented control over the admissibility of immigrants Leah Litman 6/26 (Assitant Professor of Law at the University of California, Irvine, specialized in constitutional law, federalism, federal post-conviction law, habeaus corpus, federal courts, "Unchecked Power is Still Dangerous No Matter What the Court Says", 6/26/18, https://www.nytimes.com/2018/06/26/opinion/travel-ban-hawaii-supreme-court.html)//rj Government officials cannot discriminate on the basis of race or religion. AND The question is whether the rest of us will step up and stop the administration instead. Excessive deference to the executive undermines the rule of law, separation of powers and American credibility Charles A. Bird 18 (Specializes in appeals and writs in all California and federal appellate courts, lead counsel in more than 70 cases with published opinions, including US Supreme Court, California Supreme Court, handled more than 200 appeals and writs as lead counsel, "Amicus Curiae Brief of 36 Appellate Lawyers Supporting Respondents", an amicus brief of 36 lawyers regarding Trump v. Hawaii and its impact on American legitimacy, 3/27/18, https://www.supremecourt.gov/DocketPDF/17/17-965/40125/20180327105349067'Brief20of203620Appellate20Lawyers.pdf)//rj D. Upholding the rule of law requires considering all the President’s statements that relate to the executive orders. AND and should be admissible, to interpret and determine the validity of that order Maintaining the rule of law is necessary for democracy – courts play an essential role in constraining the executive —- abdicating this role causes backsliding to illiberal democracies and authoritarian regimes Semi Oktay 16 (Pursuing Degree Master of Arts at Josef School of International Studies at University of Denver, "The Role of the Judiciary and The Rule of Law in Democratization: The Chances of Democratic Consolidation", 1/1/2016, https://digitalcommons.du.edu/cgi/viewcontent.cgi?article=2092andcontext=etd)//rj UNDERSTANDING HYBRID REGIMES: INTERACTION OF AUTHORITARIAN ELEMENTS WITH DEMOCRATIC VALUES Scholars speak about hybrid regimes as the type of states AND Since it is important to measure these two factors, the judiciary must cooperate with other social and political institutions (611). America’s disregard for the rule of law is modeled everywhere —- specifically, the travel ban causes backsliding towards authoritarianism Donald Donovan et al 3/30 (~Co-Chair of Debevoise’s International Dispute Resolution Group and its Public International Law Group and serves as council and international disputes before international courts~, List of Amici Attached in Link, "Brief of Amici Curiae Retired Generals and Admirals of the U.S. Armed Forces In Support of Respondents", 3/30/18, https://www.supremecourt.gov/DocketPDF/17/17-965/41713/20180330120220844'17-96520Retired20Generals20and20Admirals20of20U.S.20Armed20Forces20Amicus20Brief.pdf) II. EO-3 Endangers Deployed U.S. Service Members by Creating the Perception that the United States Is Contravening International Norms and Human Rights Ideals AND a perception furthered by EO-3 and its predecessors, is a strong recruitment tool for terrorist acts,90 and risks setting back U.S. military operations against them. This is an existential threat — war, famine, poverty, and terrorism. Kasparov 17 — Garry Kasparov, Chairman of the Human Rights Foundation, former World Chess Champion, 2017 ("Democracy and Human Rights: The Case for U.S. Leadership," Testimony Before The Subcommittee on Western Hemisphere, Transnational Crime, Civilian Security, Democracy, Human Rights, and Global Women's Issues of the U.S. Senate Committee on Foreign Relations, February 16^th, Available Online at https://www.foreign.senate.gov/imo/media/doc/021617'Kasparov'20Testimony.pdf, Accessed 07-13-2017) As one of the countless millions of people who were freed or protected from totalitarianism by the United States of America, it is easy for me to talk about the past AND Admired not for being perfect, but for having the exceptional courage to always try to be better. Thank you. Specifically, the travel-ban ruling echoes the racist jurisprudence that haunts America – furthering cases like Korematsu v. United States and Plessy v. Ferguson —- the courts have an ethical responsibility to reverse the travel ban and maintain our rule of law Charles A. Bird 18 (Specializes in appeals and writs in all California and federal appellate courts, lead counsel in more than 70 cases with published opinions, including US Supreme Court, California Supreme Court, handled more than 200 appeals and writs as lead counsel, "Amicus Curiae Brief of 36 Appellate Lawyers Supporting Respondents", an amicus brief of 36 lawyers regarding Trump v. Hawaii and its impact on American legitimacy, 3/27/18, https://www.supremecourt.gov/DocketPDF/17/17-965/40125/20180327105349067'Brief20of203620Appellate20Lawyers.pdf)//rj II. American Analogies and Contrasts. At times, this Court has succumbed to pulls from the executive branch and emotional factions to compromise the rule of law AND They are the kinds of voices absent from the German jurisprudence prevalent in 1933. Solvency The plan solves – the executive must present a legitimate rationale for the Travel Ban that passes judicial review —- the plan preserves presidential powers but only to the extent permissible under the Bill of Rights and Kleindienst v. Mandel Ilya Somin et al 18 (~Professor of Law at George Mason University~, ~Mannheimer, Michael J. Zydney, Professor of Law at Salmon P. Chase College of Law at Northern Kentucky University~, ~Horvitz and Levy LLP~, Additional List of Amici Attached, "Brief of Amici Curiae Constitutional Law Scholar in Support of Respondents", March 2018, https://papers.ssrn.com/sol3/papers.cfm?abstract'id=3157273)//rj C. To the extent that the Court’s precedent does cast doubt on the applicability of the Bill of Rights to immigration cases, AND Proclamation fails to consistently apply its own supposed criteria for determining which nations should be covered). The plan solves —- the plan limits the plenary power doctrine Hilarie Bass et al 17* (President of American Bar Association, Co-President of International Law Firm Greenberg Traurig and a Prolific Trial Attorney, "Brief Amicus Curiae of the American Bar Association In Support of Respondents and Affirmance", 9/18/17, https://www.clearinghouse.net/chDocs/public/IM-MD-0004-0224.pdf)//rj INTRODUCTION AND SUMMARY OF ARGUMENT The Executive Order at issue here suspends entry into the United States by all nationals of six almost entirely Muslim countries AND this Court need not and should not ignore those statements in determining the Order’s constitutionality.	9/8/18
1AC - Travel Ban - Niles Round 3 Tournament: Niles \| Round: 3 \| Opponent: Solorio GU \| Judge: Alyssa Corrigan Travel Ban 1AC– New Trier Plan Thus the plan: The United States federal government should substantially reduce Executive Order 13780’s restrictions on legal immigration to the United States on the basis that it does not meet the criteria for a "bona fide" exclusion. Terror Advantage Advantage 1 is Terror Travel ban deters efforts at terrorism cooperation – it offends our closest allies who exchange national security data with us James Clapper et al 18 (~Senior Fellow at Belfer Center for Science and International Affairs, served as the Director of National Intelligence from 2010-2017~, ~Geltzer, Joshua A., Executive Director of the Institute for Constitutional Advocacy and Protection, Visiting Professor of Law @ Georgetown University Law Center, Senior Director for Counterterrorism at the National Security Council Staff from 2015-2017~, ~Olsen, Matthew G., leading government official on a range of national security issues, served for three years as the Director of the National Counterterrorism Center under President Obama~, "We’ve worked on stopping terrorism. Trump’s travel ban fuels it", 4/23/18, https://www.cnn.com/2018/04/23/opinions/trump-travel-ban-fuels-terrorism-clapper-geltzer-olsen/index.html)//rj Speaking in Davos this January, President Donald Trump promised that, "when it AND ban hinders, rather than helps, the critical mission of protecting Americans. Travel ban undermines effective terrorism cooperation – it violates foreign treaties and alienates foreign actors Jay Shooster 17 (Masiyiwa Bernstein Fellow @ Just Security, graduated from the NYU School of Law, served as a clinical student on the policing policy team of the NAACP Legal Defense and Educational Fund, "Trump’s Immigration Policy Risks Violating International Law – alienates US allies", 1/27/17, https://www.justsecurity.org/36834/trumps-immigration-restrictions-risk-violating-international-law-cutting-foreign-allies-support/)//rj The Trump Administration may be in for a rude awakening. Even if its proposed AND our allies’ commitment to the principles that the Trump team will have abandoned. Travel ban is a recruiting tool for terror – its discriminatory intent radicalizes home-grown terrorists Julia Ebner and Jonathan Russel 17 (~Policy analyst at Quilliam, a counter-extremism think tank in London~, ~Qulliam’s head of Policy~, "How Trump may be inadvertently helping ISIS", 2/1/17, https://www.cnn.com/2017/02/01/opinions/isis-use-travel-ban-to-radicalize-opinion/index.html)//rj EDITED FOR PROBLEMATIC LANGUAGE —- WE DO NOT ENDORSE IT (CNN)Trump's travel ban does not only lack compassion, precision and potentially legal grounding, but it is also strategic AND such as "extreme vetting" — can hardly be a sustainable solution. International cooperation solves terrorism – overcome alt causes CSR 14* — (internally cites Fatma Ceren Yazgan. deputy director for security affairs at the Turkish Ministry of Foreign Affairs, Heidi Meyer, political advisor to NATO LANDCOM, and David Blose, political assistant @ LANDCOM "The Role of Diplomacy and Soft Power in Combatting Terrorism," Center for Strategic Research Workshop Report, paraphrased transcript of roundtable discussion @ CSR, 5-28-2014, Available Online at http://www.coedat.nato.int/publication/workshop'reports/04-Diplomacy'Soft'Power'Report.pdf, accessed 8-17-2017) Mrs. Fatma Ceren Yazgan, Deputy Director General for Security and Intelligence Affairs at the Turkish Ministry of Foreign Affairs AND are the educational programs they provide for the children and young people in order to spread their ideology. Nuclear terror causes mass death and suffering, economic slowdown, and the destruction of the liberal world order – the risk is high enough to be worth stopping. Bunn and Roth 17 Matthew Bunn is a professor of practice at the Harvard Kennedy School. A former advisor in the White House Office of Science and Technology Policy, he is the author or co-author of over 20 books or major technical reports, and over 100 articles in publications ranging from Science to The Washington Post, Nickolas Roth is a research associate at the Belfer Center’s Project on Managing the Atom at Harvard University. The author or co-author of dozens of articles and reports on nuclear security, nonproliferation, and arms control, Roth is also a research fellow at the Center for International and Security Studies at the University of Maryland, 2017, "The effects of a single terrorist nuclear bomb," Bulletin of the Atomic Scientists, 09/28, https://thebulletin.org/2017/09/the-effects-of-a-single-terrorist-nuclear-bomb/ Accessed 08/08/2018 jsaltman The escalating threats between North Korea and the United States make it easy to forget the "nuclear nightmare," AND Given the scale of the consequences, the countries of the world have an obligation to do everything in their power to ensure that the dark day after a terrorist nuclear blast never comes. Deference Advantage Advantage 2 is Deference Trump v. Hawaii expanded deference over immigration – it gave the executive unprecedented control over the admissibility of immigrants Leah Litman 6/26 (Assitant Professor of Law at the University of California, Irvine, specialized in constitutional law, federalism, federal post-conviction law, habeaus corpus, federal courts, "Unchecked Power is Still Dangerous No Matter What the Court Says", 6/26/18, https://www.nytimes.com/2018/06/26/opinion/travel-ban-hawaii-supreme-court.html)//rj Government officials cannot discriminate on the basis of race or religion. AND The question is whether the rest of us will step up and stop the administration instead. Excessive deference to the executive undermines the rule of law, separation of powers and American credibility Charles A. Bird 18 (Specializes in appeals and writs in all California and federal appellate courts, lead counsel in more than 70 cases with published opinions, including US Supreme Court, California Supreme Court, handled more than 200 appeals and writs as lead counsel, "Amicus Curiae Brief of 36 Appellate Lawyers Supporting Respondents", an amicus brief of 36 lawyers regarding Trump v. Hawaii and its impact on American legitimacy, 3/27/18, https://www.supremecourt.gov/DocketPDF/17/17-965/40125/20180327105349067'Brief20of203620Appellate20Lawyers.pdf)//rj D. Upholding the rule of law requires considering all the President’s statements that relate to the executive orders. AND and should be admissible, to interpret and determine the validity of that order Maintaining the rule of law is necessary for democracy – courts play an essential role in constraining the executive —- abdicating this role causes backsliding to illiberal democracies and authoritarian regimes Semi Oktay 16 (Pursuing Degree Master of Arts at Josef School of International Studies at University of Denver, "The Role of the Judiciary and The Rule of Law in Democratization: The Chances of Democratic Consolidation", 1/1/2016, https://digitalcommons.du.edu/cgi/viewcontent.cgi?article=2092andcontext=etd)//rj UNDERSTANDING HYBRID REGIMES: INTERACTION OF AUTHORITARIAN ELEMENTS WITH DEMOCRATIC VALUES Scholars speak about hybrid regimes as the type of states AND Since it is important to measure these two factors, the judiciary must cooperate with other social and political institutions (611). America’s disregard for the rule of law is modeled everywhere —- specifically, the travel ban causes backsliding towards authoritarianism Donald Donovan et al 3/30 (~Co-Chair of Debevoise’s International Dispute Resolution Group and its Public International Law Group and serves as council and international disputes before international courts~, List of Amici Attached in Link, "Brief of Amici Curiae Retired Generals and Admirals of the U.S. Armed Forces In Support of Respondents", 3/30/18, https://www.supremecourt.gov/DocketPDF/17/17-965/41713/20180330120220844'17-96520Retired20Generals20and20Admirals20of20U.S.20Armed20Forces20Amicus20Brief.pdf) II. EO-3 Endangers Deployed U.S. Service Members by Creating the Perception that the United States Is Contravening International Norms and Human Rights Ideals AND a perception furthered by EO-3 and its predecessors, is a strong recruitment tool for terrorist acts,90 and risks setting back U.S. military operations against them. This is an existential threat — war, famine, poverty, and terrorism. Kasparov 17 — Garry Kasparov, Chairman of the Human Rights Foundation, former World Chess Champion, 2017 ("Democracy and Human Rights: The Case for U.S. Leadership," Testimony Before The Subcommittee on Western Hemisphere, Transnational Crime, Civilian Security, Democracy, Human Rights, and Global Women's Issues of the U.S. Senate Committee on Foreign Relations, February 16^th, Available Online at https://www.foreign.senate.gov/imo/media/doc/021617'Kasparov'20Testimony.pdf, Accessed 07-13-2017) As one of the countless millions of people who were freed or protected from totalitarianism by the United States of America, it is easy for me to talk about the past AND Admired not for being perfect, but for having the exceptional courage to always try to be better. Thank you. Specifically, the travel-ban ruling echoes the racist jurisprudence that haunts America – furthering cases like Korematsu v. United States and Plessy v. Ferguson —- the courts have an ethical responsibility to reverse the travel ban and maintain our rule of law Charles A. Bird 18 (Specializes in appeals and writs in all California and federal appellate courts, lead counsel in more than 70 cases with published opinions, including US Supreme Court, California Supreme Court, handled more than 200 appeals and writs as lead counsel, "Amicus Curiae Brief of 36 Appellate Lawyers Supporting Respondents", an amicus brief of 36 lawyers regarding Trump v. Hawaii and its impact on American legitimacy, 3/27/18, https://www.supremecourt.gov/DocketPDF/17/17-965/40125/20180327105349067'Brief20of203620Appellate20Lawyers.pdf)//rj II. American Analogies and Contrasts. At times, this Court has succumbed to pulls from the executive branch and emotional factions to compromise the rule of law AND They are the kinds of voices absent from the German jurisprudence prevalent in 1933. Solvency The plan solves – the executive must present a legitimate rationale for the Travel Ban that passes judicial review —- the plan preserves presidential powers but only to the extent permissible under the Bill of Rights and Kleindienst v. Mandel Ilya Somin et al 18 (~Professor of Law at George Mason University~, ~Mannheimer, Michael J. Zydney, Professor of Law at Salmon P. Chase College of Law at Northern Kentucky University~, ~Horvitz and Levy LLP~, Additional List of Amici Attached, "Brief of Amici Curiae Constitutional Law Scholar in Support of Respondents", March 2018, https://papers.ssrn.com/sol3/papers.cfm?abstract'id=3157273)//rj C. To the extent that the Court’s precedent does cast doubt on the applicability of the Bill of Rights to immigration cases, AND Proclamation fails to consistently apply its own supposed criteria for determining which nations should be covered). The plan solves —- the plan limits the plenary power doctrine Hilarie Bass et al 17* (President of American Bar Association, Co-President of International Law Firm Greenberg Traurig and a Prolific Trial Attorney, "Brief Amicus Curiae of the American Bar Association In Support of Respondents and Affirmance", 9/18/17, https://www.clearinghouse.net/chDocs/public/IM-MD-0004-0224.pdf)//rj INTRODUCTION AND SUMMARY OF ARGUMENT The Executive Order at issue here suspends entry into the United States by all nationals of six almost entirely Muslim countries AND this Court need not and should not ignore those statements in determining the Order’s constitutionality.	9/8/18
1AC - Travel Ban - Niles Round 6 Tournament: Niles \| Round: 6 \| Opponent: Whitney Young MO \| Judge: Tim Freehan Travel Ban 1AC– New Trier Plan Thus the plan: The United States federal government should substantially reduce Executive Order 13780’s restrictions on legal immigration to the United States on the basis that it does not meet the criteria for a "bona fide" exclusion. Terror Advantage Advantage 1 is Terror Travel ban deters efforts at terrorism cooperation – it offends our closest allies who exchange national security data with us James Clapper et al 18 (~Senior Fellow at Belfer Center for Science and International Affairs, served as the Director of National Intelligence from 2010-2017~, ~Geltzer, Joshua A., Executive Director of the Institute for Constitutional Advocacy and Protection, Visiting Professor of Law @ Georgetown University Law Center, Senior Director for Counterterrorism at the National Security Council Staff from 2015-2017~, ~Olsen, Matthew G., leading government official on a range of national security issues, served for three years as the Director of the National Counterterrorism Center under President Obama~, "We’ve worked on stopping terrorism. Trump’s travel ban fuels it", 4/23/18, https://www.cnn.com/2018/04/23/opinions/trump-travel-ban-fuels-terrorism-clapper-geltzer-olsen/index.html)//rj Speaking in Davos this January, President Donald Trump promised that, "when it AND ban hinders, rather than helps, the critical mission of protecting Americans. Travel ban undermines effective terrorism cooperation – it violates foreign treaties and alienates foreign actors Jay Shooster 17 (Masiyiwa Bernstein Fellow @ Just Security, graduated from the NYU School of Law, served as a clinical student on the policing policy team of the NAACP Legal Defense and Educational Fund, "Trump’s Immigration Policy Risks Violating International Law – alienates US allies", 1/27/17, https://www.justsecurity.org/36834/trumps-immigration-restrictions-risk-violating-international-law-cutting-foreign-allies-support/)//rj The Trump Administration may be in for a rude awakening. Even if its proposed AND our allies’ commitment to the principles that the Trump team will have abandoned. Travel ban is a recruiting tool for terror – its discriminatory intent radicalizes home-grown terrorists Julia Ebner and Jonathan Russel 17 (~Policy analyst at Quilliam, a counter-extremism think tank in London~, ~Qulliam’s head of Policy~, "How Trump may be inadvertently helping ISIS", 2/1/17, https://www.cnn.com/2017/02/01/opinions/isis-use-travel-ban-to-radicalize-opinion/index.html)//rj EDITED FOR PROBLEMATIC LANGUAGE —- WE DO NOT ENDORSE IT (CNN)Trump's travel ban does not only lack compassion, precision and potentially legal grounding, but it is also strategic AND such as "extreme vetting" — can hardly be a sustainable solution. International cooperation solves terrorism – overcome alt causes CSR 14* — (internally cites Fatma Ceren Yazgan. deputy director for security affairs at the Turkish Ministry of Foreign Affairs, Heidi Meyer, political advisor to NATO LANDCOM, and David Blose, political assistant @ LANDCOM "The Role of Diplomacy and Soft Power in Combatting Terrorism," Center for Strategic Research Workshop Report, paraphrased transcript of roundtable discussion @ CSR, 5-28-2014, Available Online at http://www.coedat.nato.int/publication/workshop'reports/04-Diplomacy'Soft'Power'Report.pdf, accessed 8-17-2017) Mrs. Fatma Ceren Yazgan, Deputy Director General for Security and Intelligence Affairs at the Turkish Ministry of Foreign Affairs AND are the educational programs they provide for the children and young people in order to spread their ideology. Nuclear terror causes mass death and suffering, economic slowdown, and the destruction of the liberal world order – the risk is high enough to be worth stopping. Bunn and Roth 17 Matthew Bunn is a professor of practice at the Harvard Kennedy School. A former advisor in the White House Office of Science and Technology Policy, he is the author or co-author of over 20 books or major technical reports, and over 100 articles in publications ranging from Science to The Washington Post, Nickolas Roth is a research associate at the Belfer Center’s Project on Managing the Atom at Harvard University. The author or co-author of dozens of articles and reports on nuclear security, nonproliferation, and arms control, Roth is also a research fellow at the Center for International and Security Studies at the University of Maryland, 2017, "The effects of a single terrorist nuclear bomb," Bulletin of the Atomic Scientists, 09/28, https://thebulletin.org/2017/09/the-effects-of-a-single-terrorist-nuclear-bomb/ Accessed 08/08/2018 jsaltman The escalating threats between North Korea and the United States make it easy to forget the "nuclear nightmare," AND Given the scale of the consequences, the countries of the world have an obligation to do everything in their power to ensure that the dark day after a terrorist nuclear blast never comes. Deference Advantage Advantage 2 is Deference Trump v. Hawaii expanded deference over immigration – it gave the executive unprecedented control over the admissibility of immigrants Leah Litman 6/26 (Assitant Professor of Law at the University of California, Irvine, specialized in constitutional law, federalism, federal post-conviction law, habeaus corpus, federal courts, "Unchecked Power is Still Dangerous No Matter What the Court Says", 6/26/18, https://www.nytimes.com/2018/06/26/opinion/travel-ban-hawaii-supreme-court.html)//rj Government officials cannot discriminate on the basis of race or religion. AND The question is whether the rest of us will step up and stop the administration instead. Excessive deference to the executive undermines the rule of law, separation of powers and American credibility Charles A. Bird 18 (Specializes in appeals and writs in all California and federal appellate courts, lead counsel in more than 70 cases with published opinions, including US Supreme Court, California Supreme Court, handled more than 200 appeals and writs as lead counsel, "Amicus Curiae Brief of 36 Appellate Lawyers Supporting Respondents", an amicus brief of 36 lawyers regarding Trump v. Hawaii and its impact on American legitimacy, 3/27/18, https://www.supremecourt.gov/DocketPDF/17/17-965/40125/20180327105349067'Brief20of203620Appellate20Lawyers.pdf)//rj D. Upholding the rule of law requires considering all the President’s statements that relate to the executive orders. AND and should be admissible, to interpret and determine the validity of that order Maintaining the rule of law is necessary for democracy – courts play an essential role in constraining the executive —- abdicating this role causes backsliding to illiberal democracies and authoritarian regimes Semi Oktay 16 (Pursuing Degree Master of Arts at Josef School of International Studies at University of Denver, "The Role of the Judiciary and The Rule of Law in Democratization: The Chances of Democratic Consolidation", 1/1/2016, https://digitalcommons.du.edu/cgi/viewcontent.cgi?article=2092andcontext=etd)//rj UNDERSTANDING HYBRID REGIMES: INTERACTION OF AUTHORITARIAN ELEMENTS WITH DEMOCRATIC VALUES Scholars speak about hybrid regimes as the type of states AND Since it is important to measure these two factors, the judiciary must cooperate with other social and political institutions (611). America’s disregard for the rule of law is modeled everywhere —- specifically, the travel ban causes backsliding towards authoritarianism Donald Donovan et al 3/30 (~Co-Chair of Debevoise’s International Dispute Resolution Group and its Public International Law Group and serves as council and international disputes before international courts~, List of Amici Attached in Link, "Brief of Amici Curiae Retired Generals and Admirals of the U.S. Armed Forces In Support of Respondents", 3/30/18, https://www.supremecourt.gov/DocketPDF/17/17-965/41713/20180330120220844'17-96520Retired20Generals20and20Admirals20of20U.S.20Armed20Forces20Amicus20Brief.pdf) II. EO-3 Endangers Deployed U.S. Service Members by Creating the Perception that the United States Is Contravening International Norms and Human Rights Ideals AND a perception furthered by EO-3 and its predecessors, is a strong recruitment tool for terrorist acts,90 and risks setting back U.S. military operations against them. This is an existential threat — war, famine, poverty, and terrorism. Kasparov 17 — Garry Kasparov, Chairman of the Human Rights Foundation, former World Chess Champion, 2017 ("Democracy and Human Rights: The Case for U.S. Leadership," Testimony Before The Subcommittee on Western Hemisphere, Transnational Crime, Civilian Security, Democracy, Human Rights, and Global Women's Issues of the U.S. Senate Committee on Foreign Relations, February 16^th, Available Online at https://www.foreign.senate.gov/imo/media/doc/021617'Kasparov'20Testimony.pdf, Accessed 07-13-2017) As one of the countless millions of people who were freed or protected from totalitarianism by the United States of America, it is easy for me to talk about the past AND Admired not for being perfect, but for having the exceptional courage to always try to be better. Thank you. Specifically, the travel-ban ruling echoes the racist jurisprudence that haunts America – furthering cases like Korematsu v. United States and Plessy v. Ferguson —- the courts have an ethical responsibility to reverse the travel ban and maintain our rule of law Charles A. Bird 18 (Specializes in appeals and writs in all California and federal appellate courts, lead counsel in more than 70 cases with published opinions, including US Supreme Court, California Supreme Court, handled more than 200 appeals and writs as lead counsel, "Amicus Curiae Brief of 36 Appellate Lawyers Supporting Respondents", an amicus brief of 36 lawyers regarding Trump v. Hawaii and its impact on American legitimacy, 3/27/18, https://www.supremecourt.gov/DocketPDF/17/17-965/40125/20180327105349067'Brief20of203620Appellate20Lawyers.pdf)//rj II. American Analogies and Contrasts. At times, this Court has succumbed to pulls from the executive branch and emotional factions to compromise the rule of law AND They are the kinds of voices absent from the German jurisprudence prevalent in 1933. Solvency The plan solves – the executive must present a legitimate rationale for the Travel Ban that passes judicial review —- the plan preserves presidential powers but only to the extent permissible under the Bill of Rights and Kleindienst v. Mandel Ilya Somin et al 18 (~Professor of Law at George Mason University~, ~Mannheimer, Michael J. Zydney, Professor of Law at Salmon P. Chase College of Law at Northern Kentucky University~, ~Horvitz and Levy LLP~, Additional List of Amici Attached, "Brief of Amici Curiae Constitutional Law Scholar in Support of Respondents", March 2018, https://papers.ssrn.com/sol3/papers.cfm?abstract'id=3157273)//rj C. To the extent that the Court’s precedent does cast doubt on the applicability of the Bill of Rights to immigration cases, AND Proclamation fails to consistently apply its own supposed criteria for determining which nations should be covered). The plan solves —- the plan limits the plenary power doctrine Hilarie Bass et al 17* (President of American Bar Association, Co-President of International Law Firm Greenberg Traurig and a Prolific Trial Attorney, "Brief Amicus Curiae of the American Bar Association In Support of Respondents and Affirmance", 9/18/17, https://www.clearinghouse.net/chDocs/public/IM-MD-0004-0224.pdf)//rj INTRODUCTION AND SUMMARY OF ARGUMENT The Executive Order at issue here suspends entry into the United States by all nationals of six almost entirely Muslim countries AND this Court need not and should not ignore those statements in determining the Order’s constitutionality.	9/8/18

Entry

Date

1AC - Travel Ban - Niles Doubles

Tournament: Niles | Round: Doubles | Opponent: GBN BS | Judge: Jigar Dhimar, Brad Meloche, Theo Noparstak

Travel Ban 1AC– New Trier

Plan

Thus the plan: The United States federal government should substantially reduce Executive Order 13780’s restrictions on legal immigration to the United States on the basis that it does not meet the criteria for a "bona fide" exclusion.

Terror Advantage

Advantage 1 is Terror

Travel ban deters efforts at terrorism cooperation – it offends our closest allies who exchange national security data with us

James Clapper et al 18 (~Senior Fellow at Belfer Center for Science and International Affairs, served as the Director of National Intelligence from 2010-2017~, ~Geltzer, Joshua A., Executive Director of the Institute for Constitutional Advocacy and Protection, Visiting Professor of Law @ Georgetown University Law Center, Senior Director for Counterterrorism at the National Security Council Staff from 2015-2017~, ~Olsen, Matthew G., leading government official on a range of national security issues, served for three years as the Director of the National Counterterrorism Center under President Obama~, "We’ve worked on stopping terrorism. Trump’s travel ban fuels it", 4/23/18, https://www.cnn.com/2018/04/23/opinions/trump-travel-ban-fuels-terrorism-clapper-geltzer-olsen/index.html)//rj
Speaking in Davos this January, President Donald Trump promised that, "when it
AND
ban hinders, rather than helps, the critical mission of protecting Americans.

Travel ban undermines effective terrorism cooperation – it violates foreign treaties and alienates foreign actors

Jay Shooster 17 (Masiyiwa Bernstein Fellow @ Just Security, graduated from the NYU School of Law, served as a clinical student on the policing policy team of the NAACP Legal Defense and Educational Fund, "Trump’s Immigration Policy Risks Violating International Law – alienates US allies", 1/27/17, https://www.justsecurity.org/36834/trumps-immigration-restrictions-risk-violating-international-law-cutting-foreign-allies-support/)//rj
The Trump Administration may be in for a rude awakening. Even if its proposed
AND
our allies’ commitment to the principles that the Trump team will have abandoned.

Travel ban is a recruiting tool for terror – its discriminatory intent radicalizes home-grown terrorists

Julia Ebner and Jonathan Russel 17 (~Policy analyst at Quilliam, a counter-extremism think tank in London~, ~Qulliam’s head of Policy~, "How Trump may be inadvertently helping ISIS", 2/1/17, https://www.cnn.com/2017/02/01/opinions/isis-use-travel-ban-to-radicalize-opinion/index.html)//rj
*EDITED FOR PROBLEMATIC LANGUAGE —- WE DO NOT ENDORSE IT
(CNN)Trump's travel ban does not only lack compassion, precision and potentially legal grounding, but it is also strategic
AND
such as "extreme vetting" — can hardly be a sustainable solution.

International cooperation solves terrorism – overcome alt causes

CSR 14 — (internally cites Fatma Ceren Yazgan. deputy director for security affairs at the Turkish Ministry of Foreign Affairs, Heidi Meyer, political advisor to NATO LANDCOM, and David Blose, political assistant @ LANDCOM "The Role of Diplomacy and Soft Power in Combatting Terrorism," Center for Strategic Research Workshop Report, paraphrased transcript of roundtable discussion @ CSR, 5-28-2014, Available Online at http://www.coedat.nato.int/publication/workshop'reports/04-Diplomacy'Soft'Power'Report.pdf, accessed 8-17-2017)
Mrs. Fatma Ceren Yazgan, Deputy Director General for Security and Intelligence Affairs at the Turkish Ministry of Foreign Affairs
AND
are the educational programs they provide for the children and young people in order to spread their ideology.

Nuclear terror causes mass death and suffering, economic slowdown, and the destruction of the liberal world order – the risk is high enough to be worth stopping.

Bunn and Roth 17 Matthew Bunn is a professor of practice at the Harvard Kennedy School. A former advisor in the White House Office of Science and Technology Policy, he is the author or co-author of over 20 books or major technical reports, and over 100 articles in publications ranging from Science to The Washington Post, Nickolas Roth is a research associate at the Belfer Center’s Project on Managing the Atom at Harvard University. The author or co-author of dozens of articles and reports on nuclear security, nonproliferation, and arms control, Roth is also a research fellow at the Center for International and Security Studies at the University of Maryland, 2017, "The effects of a single terrorist nuclear bomb," Bulletin of the Atomic Scientists, 09/28, https://thebulletin.org/2017/09/the-effects-of-a-single-terrorist-nuclear-bomb/ Accessed 08/08/2018 jsaltman
The escalating threats between North Korea and the United States make it easy to forget the "nuclear nightmare,"
AND
Given the scale of the consequences, the countries of the world have an obligation to do everything in their power to ensure that the dark day after a terrorist nuclear blast never comes.

Deference Advantage

Advantage 2 is Deference

Trump v. Hawaii expanded deference over immigration – it gave the executive unprecedented control over the admissibility of immigrants

Leah Litman 6/26 (Assitant Professor of Law at the University of California, Irvine, specialized in constitutional law, federalism, federal post-conviction law, habeaus corpus, federal courts, "Unchecked Power is Still Dangerous No Matter What the Court Says", 6/26/18, https://www.nytimes.com/2018/06/26/opinion/travel-ban-hawaii-supreme-court.html)//rj
Government officials cannot discriminate on the basis of race or religion.
AND
The question is whether the rest of us will step up and stop the administration instead.

Excessive deference to the executive undermines the rule of law, separation of powers and American credibility

Charles A. Bird 18 (Specializes in appeals and writs in all California and federal appellate courts, lead counsel in more than 70 cases with published opinions, including US Supreme Court, California Supreme Court, handled more than 200 appeals and writs as lead counsel, "Amicus Curiae Brief of 36 Appellate Lawyers Supporting Respondents", an amicus brief of 36 lawyers regarding Trump v. Hawaii and its impact on American legitimacy, 3/27/18, https://www.supremecourt.gov/DocketPDF/17/17-965/40125/20180327105349067'Brief20of203620Appellate20Lawyers.pdf)//rj
D. Upholding the rule of law requires considering all the President’s statements that relate to the executive orders.
AND
and should be admissible, to interpret and determine the validity of that order

Maintaining the rule of law is necessary for democracy – courts play an essential role in constraining the executive —- abdicating this role causes backsliding to illiberal democracies and authoritarian regimes

Semi Oktay 16 (Pursuing Degree Master of Arts at Josef School of International Studies at University of Denver, "The Role of the Judiciary and The Rule of Law in Democratization: The Chances of Democratic Consolidation", 1/1/2016, https://digitalcommons.du.edu/cgi/viewcontent.cgi?article=2092andcontext=etd)//rj
UNDERSTANDING HYBRID REGIMES: INTERACTION OF AUTHORITARIAN ELEMENTS WITH DEMOCRATIC VALUES Scholars speak about hybrid regimes as the type of states
AND
Since it is important to measure these two factors, the judiciary must cooperate with other social and political institutions (611).

America’s disregard for the rule of law is modeled everywhere —- specifically, the travel ban causes backsliding towards authoritarianism

Donald Donovan et al 3/30 (~Co-Chair of Debevoise’s International Dispute Resolution Group and its Public International Law Group and serves as council and international disputes before international courts~, List of Amici Attached in Link, "Brief of Amici Curiae Retired Generals and Admirals of the U.S. Armed Forces In Support of Respondents", 3/30/18, https://www.supremecourt.gov/DocketPDF/17/17-965/41713/20180330120220844'17-96520Retired20Generals20and20Admirals20of20U.S.20Armed20Forces20Amicus20Brief.pdf)
II. EO-3 Endangers Deployed U.S. Service Members by Creating the Perception that the United States Is Contravening International Norms and Human Rights Ideals
AND
a perception furthered by EO-3 and its predecessors, is a strong recruitment tool for terrorist acts,90 and risks setting back U.S. military operations against them.

This is an existential threat — war, famine, poverty, and terrorism.

Kasparov 17 — Garry Kasparov, Chairman of the Human Rights Foundation, former World Chess Champion, 2017 ("Democracy and Human Rights: The Case for U.S. Leadership," Testimony Before The Subcommittee on Western Hemisphere, Transnational Crime, Civilian Security, Democracy, Human Rights, and Global Women's Issues of the U.S. Senate Committee on Foreign Relations, February 16^th, Available Online at https://www.foreign.senate.gov/imo/media/doc/021617'Kasparov'20Testimony.pdf, Accessed 07-13-2017)
As one of the countless millions of people who were freed or protected from totalitarianism by the United States of America, it is easy for me to talk about the past
AND
Admired not for being perfect, but for having the exceptional courage to always try to be better. Thank you.

*Specifically, the travel-ban ruling echoes the racist jurisprudence that haunts America – furthering cases like Korematsu v. United States and Plessy v. Ferguson —- the courts have an ethical responsibility to reverse the travel ban and maintain our rule of law

Charles A. Bird 18 (Specializes in appeals and writs in all California and federal appellate courts, lead counsel in more than 70 cases with published opinions, including US Supreme Court, California Supreme Court, handled more than 200 appeals and writs as lead counsel, "Amicus Curiae Brief of 36 Appellate Lawyers Supporting Respondents", an amicus brief of 36 lawyers regarding Trump v. Hawaii and its impact on American legitimacy, 3/27/18, https://www.supremecourt.gov/DocketPDF/17/17-965/40125/20180327105349067'Brief20of203620Appellate20Lawyers.pdf)//rj
II. American Analogies and Contrasts. At times, this Court has succumbed to pulls from the executive branch and emotional factions to compromise the rule of law
AND
They are the kinds of voices absent from the German jurisprudence prevalent in 1933.

Solvency

The plan solves – the executive must present a legitimate rationale for the Travel Ban that passes judicial review —- the plan preserves presidential powers but only to the extent permissible under the Bill of Rights and Kleindienst v. Mandel

Ilya Somin et al 18 (~Professor of Law at George Mason University~, ~Mannheimer, Michael J. Zydney, Professor of Law at Salmon P. Chase College of Law at Northern Kentucky University~, ~Horvitz and Levy LLP~, Additional List of Amici Attached, "Brief of Amici Curiae Constitutional Law Scholar in Support of Respondents", March 2018, https://papers.ssrn.com/sol3/papers.cfm?abstract'id=3157273)//rj
C. To the extent that the Court’s precedent does cast doubt on the applicability of the Bill of Rights to immigration cases,
AND
Proclamation fails to consistently apply its own supposed criteria for determining which nations should be covered).

The plan solves —- the plan limits the plenary power doctrine

Hilarie Bass et al 17 (President of American Bar Association, Co-President of International Law Firm Greenberg Traurig and a Prolific Trial Attorney, "Brief Amicus Curiae of the American Bar Association In Support of Respondents and Affirmance", 9/18/17, https://www.clearinghouse.net/chDocs/public/IM-MD-0004-0224.pdf)//rj
INTRODUCTION AND SUMMARY OF ARGUMENT The Executive Order at issue here suspends entry into the United States by all nationals of six almost entirely Muslim countries
AND
this Court need not and should not ignore those statements in determining the Order’s constitutionality.

9/9/18

1AC - Travel Ban - Niles Round 2

Tournament: Niles | Round: 2 | Opponent: GBN KO | Judge: Brad Meloche

Travel Ban 1AC– New Trier

Plan

Thus the plan: The United States federal government should substantially reduce Executive Order 13780’s restrictions on legal immigration to the United States on the basis that it does not meet the criteria for a "bona fide" exclusion.

Terror Advantage

Advantage 1 is Terror

Travel ban deters efforts at terrorism cooperation – it offends our closest allies who exchange national security data with us

Travel ban undermines effective terrorism cooperation – it violates foreign treaties and alienates foreign actors

Travel ban is a recruiting tool for terror – its discriminatory intent radicalizes home-grown terrorists

International cooperation solves terrorism – overcome alt causes

Nuclear terror causes mass death and suffering, economic slowdown, and the destruction of the liberal world order – the risk is high enough to be worth stopping.

Deference Advantage

Advantage 2 is Deference

Trump v. Hawaii expanded deference over immigration – it gave the executive unprecedented control over the admissibility of immigrants

Excessive deference to the executive undermines the rule of law, separation of powers and American credibility

Maintaining the rule of law is necessary for democracy – courts play an essential role in constraining the executive —- abdicating this role causes backsliding to illiberal democracies and authoritarian regimes

America’s disregard for the rule of law is modeled everywhere —- specifically, the travel ban causes backsliding towards authoritarianism

This is an existential threat — war, famine, poverty, and terrorism.

*Specifically, the travel-ban ruling echoes the racist jurisprudence that haunts America – furthering cases like Korematsu v. United States and Plessy v. Ferguson —- the courts have an ethical responsibility to reverse the travel ban and maintain our rule of law

Charles A. Bird 18 (Specializes in appeals and writs in all California and federal appellate courts, lead counsel in more than 70 cases with published opinions, including US Supreme Court, California Supreme Court, handled more than 200 appeals and writs as lead counsel, "Amicus Curiae Brief of 36 Appellate Lawyers Supporting Respondents", an amicus brief of 36 lawyers regarding Trump v. Hawaii and its impact on American legitimacy, 3/27/18, https://www.supremecourt.gov/DocketPDF/17/17-965/40125/20180327105349067'Brief20of203620Appellate20Lawyers.pdf)//rj
II. American Analogies and Contrasts. At times, this Court has succumbed to pulls from the executive branch and emotional factions to compromise the rule of law
AND
They are the kinds of voices absent from the German jurisprudence prevalent in 1933.

Solvency

The plan solves – the executive must present a legitimate rationale for the Travel Ban that passes judicial review —- the plan preserves presidential powers but only to the extent permissible under the Bill of Rights and Kleindienst v. Mandel

The plan solves —- the plan limits the plenary power doctrine

9/8/18

1AC - Travel Ban - Niles Round 3

Tournament: Niles | Round: 3 | Opponent: Solorio GU | Judge: Alyssa Corrigan

Travel Ban 1AC– New Trier

Plan

Thus the plan: The United States federal government should substantially reduce Executive Order 13780’s restrictions on legal immigration to the United States on the basis that it does not meet the criteria for a "bona fide" exclusion.

Terror Advantage

Advantage 1 is Terror

Travel ban deters efforts at terrorism cooperation – it offends our closest allies who exchange national security data with us

Travel ban undermines effective terrorism cooperation – it violates foreign treaties and alienates foreign actors

Travel ban is a recruiting tool for terror – its discriminatory intent radicalizes home-grown terrorists

International cooperation solves terrorism – overcome alt causes

Nuclear terror causes mass death and suffering, economic slowdown, and the destruction of the liberal world order – the risk is high enough to be worth stopping.

Deference Advantage

Advantage 2 is Deference

Trump v. Hawaii expanded deference over immigration – it gave the executive unprecedented control over the admissibility of immigrants

Excessive deference to the executive undermines the rule of law, separation of powers and American credibility

Maintaining the rule of law is necessary for democracy – courts play an essential role in constraining the executive —- abdicating this role causes backsliding to illiberal democracies and authoritarian regimes

America’s disregard for the rule of law is modeled everywhere —- specifically, the travel ban causes backsliding towards authoritarianism

This is an existential threat — war, famine, poverty, and terrorism.

*Specifically, the travel-ban ruling echoes the racist jurisprudence that haunts America – furthering cases like Korematsu v. United States and Plessy v. Ferguson —- the courts have an ethical responsibility to reverse the travel ban and maintain our rule of law

Charles A. Bird 18 (Specializes in appeals and writs in all California and federal appellate courts, lead counsel in more than 70 cases with published opinions, including US Supreme Court, California Supreme Court, handled more than 200 appeals and writs as lead counsel, "Amicus Curiae Brief of 36 Appellate Lawyers Supporting Respondents", an amicus brief of 36 lawyers regarding Trump v. Hawaii and its impact on American legitimacy, 3/27/18, https://www.supremecourt.gov/DocketPDF/17/17-965/40125/20180327105349067'Brief20of203620Appellate20Lawyers.pdf)//rj
II. American Analogies and Contrasts. At times, this Court has succumbed to pulls from the executive branch and emotional factions to compromise the rule of law
AND
They are the kinds of voices absent from the German jurisprudence prevalent in 1933.

Solvency

The plan solves – the executive must present a legitimate rationale for the Travel Ban that passes judicial review —- the plan preserves presidential powers but only to the extent permissible under the Bill of Rights and Kleindienst v. Mandel

The plan solves —- the plan limits the plenary power doctrine

9/8/18

1AC - Travel Ban - Niles Round 6

Tournament: Niles | Round: 6 | Opponent: Whitney Young MO | Judge: Tim Freehan

Travel Ban 1AC– New Trier

Plan

Thus the plan: The United States federal government should substantially reduce Executive Order 13780’s restrictions on legal immigration to the United States on the basis that it does not meet the criteria for a "bona fide" exclusion.

Terror Advantage

Advantage 1 is Terror

Travel ban deters efforts at terrorism cooperation – it offends our closest allies who exchange national security data with us

Travel ban undermines effective terrorism cooperation – it violates foreign treaties and alienates foreign actors

Travel ban is a recruiting tool for terror – its discriminatory intent radicalizes home-grown terrorists

International cooperation solves terrorism – overcome alt causes

Nuclear terror causes mass death and suffering, economic slowdown, and the destruction of the liberal world order – the risk is high enough to be worth stopping.

Deference Advantage

Advantage 2 is Deference

Trump v. Hawaii expanded deference over immigration – it gave the executive unprecedented control over the admissibility of immigrants

Excessive deference to the executive undermines the rule of law, separation of powers and American credibility

Maintaining the rule of law is necessary for democracy – courts play an essential role in constraining the executive —- abdicating this role causes backsliding to illiberal democracies and authoritarian regimes

America’s disregard for the rule of law is modeled everywhere —- specifically, the travel ban causes backsliding towards authoritarianism

This is an existential threat — war, famine, poverty, and terrorism.

*Specifically, the travel-ban ruling echoes the racist jurisprudence that haunts America – furthering cases like Korematsu v. United States and Plessy v. Ferguson —- the courts have an ethical responsibility to reverse the travel ban and maintain our rule of law

Charles A. Bird 18 (Specializes in appeals and writs in all California and federal appellate courts, lead counsel in more than 70 cases with published opinions, including US Supreme Court, California Supreme Court, handled more than 200 appeals and writs as lead counsel, "Amicus Curiae Brief of 36 Appellate Lawyers Supporting Respondents", an amicus brief of 36 lawyers regarding Trump v. Hawaii and its impact on American legitimacy, 3/27/18, https://www.supremecourt.gov/DocketPDF/17/17-965/40125/20180327105349067'Brief20of203620Appellate20Lawyers.pdf)//rj
II. American Analogies and Contrasts. At times, this Court has succumbed to pulls from the executive branch and emotional factions to compromise the rule of law
AND
They are the kinds of voices absent from the German jurisprudence prevalent in 1933.

Solvency

The plan solves – the executive must present a legitimate rationale for the Travel Ban that passes judicial review —- the plan preserves presidential powers but only to the extent permissible under the Bill of Rights and Kleindienst v. Mandel

The plan solves —- the plan limits the plenary power doctrine

9/8/18

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Created by richard jo on 2018/09/06 04:31