@mattklewis would have done A+ work in my immigration law class. He's exactly right - Travel Ban 3.0 went through enough normal Exec Branch process that it muted the Establishment Clause argument and fit Ban 3.0 neatly into 130+ years of SC "plenary power" jurisprudence.
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Does this qualify me for an honorary legal degree?
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Two credits down, ninety-four to go ...
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So...if a president stated he wanted to punish Mormons, then signed an executive order that singled out the state of Utah, that would not be religious discrimination?
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Part (b) of your argument would hold in rhetoric of course, if the president himself hadn't just tweeted, celebrating the upholding of the "Muslim ban".
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I think the rhetoric matters. If a police chief says "We need to lock up more blacks" then concentrates officers within black neighborhoods it would have drastically different legal implications from doing it solely for reasons of stopping crime. (not trolling Matt. UR the best)
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Muslim have been responsible for the vast number of terrorists acts against Americans in this country and around the world. The ruling, however, was right showing the powers of the Executive Branch by the Constitution. The Democrats hate Trump not the court
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I don’t hate Trump, just what he says, how he acts, and what he inspires in people.
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Your behavior analyst job in California must be interesting. You obviously treated Maxine & Nancy & millions of others as half the people there truly believe everyone else is crazy. I know the people that voted for M&N are nuts...
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But Saudi and Dubai arent one the list. Sunni terrorism only exists because of Saudi oil and Dubai banking
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All around the world what they're seeing is US is no longer an honest broker in the ME, children in cages & a Muslim ban. This won't end well for America. Trump is a great recruiting poster for extremists and you will blame us for it.
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The court has laid the groundwork for any policy no matter how unjust so long as the thinnest veneer of legitimacy can be ascribed to it.
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Gee, can you imagine. A court making a determination based on law and not political ideology? What a novel concept!
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This would hold water if they didn’t find exactly the opposite in the bakers case. It’s clear they pick and choose what they want to consider rhetoric & religion. Shameful that even SCOTUS is now an extension of this partisanship
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SCOTUS ignored many facts with this ruling and accepted other briefings from DOJ which were factually incorrect. I'm not the decision should have been any different but they could have made it more clear that Trump's comments and rhetoric are unAmerican.
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Does that rational hold up with the Masterpiece decision and the latitude given to the Commission?
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Words are one thing, the actual legislation is a other.....
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