Executive Order 9066 was “facially neutral,” you know. https://www.ourdocuments.gov/doc.php?flash=false&doc=74&page=transcript …
I think the differentiation is that Citizens have more rights, so the balancing comes down in a different equilibrium. But that's not particularly well worked out in the opinion. And seems pretty damn thin.
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Two amendments: a) IANAL. b) citizens or US persons
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