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re: Trump Challenges Hawaii's Judge: Hawaii Judge rejects Trump Admin request

Posted on 3/19/17 at 10:42 pm to
Posted by buckeye_vol
Member since Jul 2014
35242 posts
Posted on 3/19/17 at 10:42 pm to
quote:

Like reading your posts?
More like replying to them.
Posted by Golfer
Member since Nov 2005
75052 posts
Posted on 3/19/17 at 11:09 pm to
quote:

Elshikh says the ban prevents his mother-in-law, who lives in Syria, from visiting family in Hawaii


I imagine there's a great deal of people in the US that wish they could use a travel ban to keep their MIL away...
Posted by AUstar
Member since Dec 2012
17059 posts
Posted on 3/19/17 at 11:20 pm to
quote:

How is this exactly "religious" discrimination?


Even if it was, it is still LEGAL. The 1st amendment does not extend to people in Syria or Yemen.
Posted by cajunangelle
Member since Oct 2012
147283 posts
Posted on 3/19/17 at 11:27 pm to
I misread that article. My bad. Trump eliminated a country in this entire new EO that has nothing to do with with the MIL in Hawaii from Syria.

This goes to SCOTUS, so it doesn't really matter-- it is sickening how politically charged it is.
Posted by buckeye_vol
Member since Jul 2014
35242 posts
Posted on 3/19/17 at 11:41 pm to
quote:

Even if it was, it is still LEGAL. The 1st amendment does not extend to people in Syria or Yemen.
No, but they aren't the ones who they are arguing for standing in this situation. Although it would be hard to make the case in THIS situation, the establishment clause refers the government policy itself. A policy still can't favor one religion over the other regardless, which is why the EO bans certain countries instead.
Posted by AUstar
Member since Dec 2012
17059 posts
Posted on 3/19/17 at 11:56 pm to
quote:


No, but they aren't the ones who they are arguing for standing in this situation. Although it would be hard to make the case in THIS situation, the establishment clause refers the government policy itself. A policy still can't favor one religion over the other regardless, which is why the EO bans certain countries instead.


Not really. As many have pointed out already, what happens if Trump or any other president wants to bomb some terrorist camp in Yemen? Is a district judge going to order a TRS on military action because it violates the the 1st amendment of the terrorists on foreign soil? You see where this is going, right?
Posted by buckeye_vol
Member since Jul 2014
35242 posts
Posted on 3/20/17 at 8:10 am to
quote:

Not really. As many have pointed out already, what happens if Trump or any other president wants to bomb some terrorist camp in Yemen? Is a district judge going to order a TRS on military action because it violates the the 1st amendment of the terrorists on foreign soil? You see where this is going, right?
Sure, which is why something that would blatantly unconstitutional domestically, would be debatable as it pertains to immigration. But immigration isn't completely foreign nor domestic policy related. It's an interesting overlap. The government still can't make policies that prohibit or promote a religion.

Again. I don't think that's the case here, but if he had explicitly banned a religion, or banned all but a single religion, I think he would have lost that case pretty easily.
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