On the merits, the Bybee dissent will be cited repeated by DOJ to make the arguments as to the constitutionality of the new travel EO.
J. Bybee's main point is that SCOTUS precedent in foreign affairs context says you can't "plop" domestic Establishment cases to this context
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But in doing so, he relies on what IMHO is a bad precedent re: "facial legitimacy"
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