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In oral arguments in the case of Trump v. Hawaii today, Justice Elena Kagan suggested as a hypothetical that the United States elects a president “who is a vehement anti-Semite and says all kinds of denigrating comments about Jews,” and that, once in office, this president issues “a proclamation that says no one shall enter from Israel.”
“This is an out-of-the-box kind of President in my hypothetical,” Kagan said in an exchange with Solicitor General Noel Francisco as people in the courtroom laughed, according to the transcript and audio recording of the oral arguments.
“He thinks that there are good diplomatic reasons, and there might--who knows what the future holds, that there might be good diplomatic reasons to put pressure on Israel or to say we want Israel to vote a certain way in the U.N. and this is a way to better our diplomatic hand, and so this is what he does,” said Kagan.
