Law360, New York ( April 10, 2017, 1:29 PM EDT) -- The litigation filed against President Donald Trump's travel ban at this point has focused on constitutional issues, particularly religious bias in violation of the establishment clause. However, because the executive order was drafted to appear nondiscriminatory on its face, arguments invoking the establishment clause require courts to look at evidence beyond the text of the order. But the recent opinion by a five-judge panel of the Ninth Circuit objected to this analysis, asserting that immigration case law precludes looking beyond the "facial legitimacy" of the executive order. Given this objection, it is unclear how this constitutional argument would fare in the U.S. Supreme Court....