National Origin Discrimination in New Cuba Travel Policy?

[Scarberry, Mark]

>From the NY Times
(nytimes.com/2009/04/14/world/americas/14cuba.html?hp):

"Under the new policy, Cuban Americans will now be allowed to travel
freely to the island and send as much money as they want to their family
members - so long as the money is not going to senior officials of the
Cuban government or the Communist Party."

Does this create a travel policy that discriminates based on the
national origin of Americans who seek to travel? I wonder whether such
discrimination could survive scrutiny under the equal protection
component of the Fifth Amendment's Due Process clause.

Mark S. Scarberry
Pepperdine University School of Law
 

-----Original Message-----
From: conlawprof-bounces at lists.ucla.edu
[mailto:conlawprof-bounces at lists.ucla.edu] On Behalf Of Gilbert, Lauren
Sent: Monday, April 13, 2009 9:25 AM
To: conlawprof at lists.ucla.edu
Subject: Dean Harold Hongju Koh's Nomination as Legal Advisor

I apologize if this has already been posted, but I hadn't seen it
earlier on the Listserve and thought it might be of interest to our
members.  Prof. Ronald Slye at Seattle University School of Law is
asking law professors to endorse a letter signed earlier by a number of
Constitutional Law and International Law professors supporting Dean
Koh's nomination as State Department Legal Advisor.  The letter and the
mechanism for endorsing it can be found at the blog site below. 

http://www.law.seattleu.edu/faculty/dean_koh_nomination.xml


Best,

Lauren Gilbert
Associate Professor of Law
St. Thomas University School of Law

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