the more I think about this, the weirder it is that we didn't have this discussion when Korematsu came up re: travel ban 1.0.https://twitter.com/qjurecic/status/914994596412887040 …
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You mean in the courts, or in public fora? Given that the courts only dealt with preliminary injunctions, that part doesn't seem surprising.
no, just in public discussions. especially given the obvious bad faith of the travel ban rationale—the comparison seems obvious.
Weren't there discussions after the DHS (?) position papers leaked, pretty much indicating bad faith?
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