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Old 04-15-2017, 12:46 PM   #41
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But, under that judgement, I think Jimmy Carter's ban wouldn't pass muster, either.

Quote:
Originally Posted by billxl883
Quote:
Originally Posted by infantrystud
From the LA Times:

The states argued the ban violates constitutional guarantees of due process and equal protection and religious freedom. In the following section, the states, citing a precedent from a key same-sex marriage case, contend that the mere scope of the order shows it was intended to discriminate.


Even if the Order did not make suspect classifications, it would be illegal because ‘its sheer breadth is so discontinuous with the reasons offered for it that the [Order] seems inexplicable by anything but animus toward the class it affects.’ Romer v. Evans, 517 U.S. 620, 632 (1996). For several months it bans all travelers from the listed countries and all refugees, whether they be infants, schoolchildren, or grandparents. And though it cites the attacks of September 11, 2001, as a rationale, it imposes no restrictions on people from the countries whose nationals carried out those attacks. ‘It is at once too narrow and too broad,’ id. at 633, and cannot withstand any level of scrutiny. See, e.g., United States v. Windsor, 133 S. Ct. 2675, 2693 (2013) (‘The Constitution’s guarantee of equality must at the very least mean that a bare [legislative] desire to harm a politically unpopular group cannot justify disparate treatment of that group.’).

I don't think the states will be successful in the SCOTUS. I personally think that Trump should include North Korea as well. We cannot vet people from there, either. Then the whole "Muslim ban" charge really falls flat.
Thank you.

The whole Muslim ban thing would fall flat if he had banned entry of those from countries that terrorists had actually come from.
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Old 04-16-2017, 06:39 AM   #42
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Quote:
Originally Posted by infantrystud
But, under that judgement, I think Jimmy Carter's ban wouldn't pass muster, either.

Quote:
Originally Posted by billxl883
Thank you.

The whole Muslim ban thing would fall flat if he had banned entry of those from countries that terrorists had actually come from.
I don't understand why Carter's would not pass under that judgment. Please explain. Carter cancelled visas for Iranians regardless of religion, Iranians had taken US hostages. There was no religious animus and it targeted only the country that "did us wrong".
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Old 04-16-2017, 06:59 AM   #43
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I don't understand why Carter's would not pass under that judgment. Please explain. Carter cancelled visas for Iranians regardless of religion, Iranians had taken US hostages. There was no religious animus and it targeted only the country that "did us wrong".
The problem with the current state of affairs is that it's not a country that is 'doing us wrong'. It's a religion. This makes it a lot harder to point a finger and say they did it and take action. New problems need new solutions. Just remember, your bill of rights is not a death pact. Refusing to adjust to changing circumstances is to invite defeat. The moral high ground is a lovely place from which to view all those people whose morals don't reach some people's lofty standards, but it's hard to enjoy that sense of superiority from the grave.
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Old 04-16-2017, 08:54 PM   #44
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Due process and equal protection.

Quote:
Originally Posted by billxl883
Quote:
Originally Posted by infantrystud
But, under that judgement, I think Jimmy Carter's ban wouldn't pass muster, either.

I don't understand why Carter's would not pass under that judgment. Please explain. Carter cancelled visas for Iranians regardless of religion, Iranians had taken US hostages. There was no religious animus and it targeted only the country that "did us wrong".
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