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>> tucker: big time, right. so i wouldnt be be a bad thing to carve out an exception for christians? >> what the court found is that there is evidence not only in the order but outside the order, statements by the president of the united states, statements by his aides that the order in fact was discriminatory to a certain religion, and therefore elevated religion in a way that was counter to the establishment clause of the constitution. >> tucker: but as i said, weve done this before and no one...

World away from the executive order relating to immigration. its related to immigration and the judges ruling on due process made it clear that with respect to any person in the united states, citizens, residents, or folks who have been issued visas, whether they be in the state or not in the state, they are required under the law to be protected by due process, notice and opportunity to be heard. >> tucker: so theres nothing theoretical i beg your pardon, about the example i just gave, if they ...

Many respects. you can go back and read our eight years of reports youll see plenty of criticism, >> tucker: i read them every year, let me ask you one less question ive always wanted ask you this. the constitution guarantees and the courts have upheld this the right of individuals to keep and bear arms. that is under attack by a lot of politicians in this country, trying to take away law-abiding peoples rights to exercise their second moment guarantee. that is an attack on their human rights as...

National security and immigration is entitled to deference, it is reviewable under constitutional standards. thats point number one. second point, second point, standing. the court made clear that states have standing to bring action against the federal government where the federal governments actions will impact the states, the states of washington and minnesota presented compelling evidence of the impact on students at universities, professors at universities, employees, and businesses. >> tuc...

>> tucker: big time, right. so i wouldnt be be a bad thing to carve out an exception for christians? >> what the court found is that there is evidence not only in the order but outside the order, statements by the president of the united states, statements by his aides that the order in fact was discriminatory to a certain religion, and therefore elevated religion in a way that was counter to the establishment clause of the constitution. >> tucker: but as i said, weve done this before and no one...

It goes so far beyond the courts narrow application of the question presented that it simply and applicable, when we focus on the case and the contesting of the case which mark spoon im not a lawyer, im just asking a question, due process under the constitution only applies to visas and immigration when those rights are curtailed by an executive order by the president. >> thats what the executive court of appeal said. spent x plane to be in simple terms whats legally wrong with the presidents ex...

Authority to challenge this because the president has unreviewable authority to suspend the admission of any class of aliens. the court ruled when it comes to immigration at a national security, neither the supreme court nor our court that courts lacked the authority to review consecutive action in those arenas for compliance with the constitution. president trump tweeted seat you in court. the security of our nation is at stake. heres what the president said, listen close. >> president trump: i...

By tweeting we just saw you in court, and we beat you, tucker. >> tucker: thanks a lot for that. the people providing the legal opposition is karl racine, he is the attorney general for district of columbia, hes one of the 16 attorneys general who signed an amicus brief supported lawsuit against the presidents orders, he joins us now from washington, thanks for joining us. >> thank you very much for having me. >> tucker: in the ruling tonight, there was this line and im puzzled by it. the govern...

Highlighted in none of the seven countries it issued did the government present any evidence of any terrorist strike from those countries to the united states. under the courts review, under the constitution, the government needed to provide that evidence and totally failed to, thats another very important fact here. >> tucker: okay, so your position because you signed on on this in the amicus brief is that there is no threat from refugees or immigrants from somalia even though there have been a...

Immigration is entitled to deference, it is reviewable under constitutional standards. thats point number one. second point, second point, standing. the court made clear that states have standing to bring action against the federal government where the federal governments actions will impact the states, the states of washington and minnesota presented compelling evidence of the impact on students at universities, professors at universities, employees, and businesses. >> tucker: that all seems re...