National Origin Discrimination in New Cuba Travel Policy?

[Earl Maltz]

Doctrinally difficult, but comes under the heading of that can't be 
right.  I'd cite deference to foreign policy decisions.

At 08:36 PM 4/13/2009, Scarberry, Mark wrote:
> >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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