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At whether a government action is illegally discriminatory. the toughest one is when you discriminate on the basis of race, its almost impossible to justify a government action on that basis. here, the lowest level the court says of scrutiny, so-called rational basis scrutiny is applied here and so thats a very for givi very forgiving test. they say theres a rational purpose behind what the administration did, so therefore even though there are some questions about whether its discriminatory on ...

We believe that there was no question that this was a muslim ban and it was motivated by the desire to keep muslims out of the country and i think this is one of those situations where theres a real disconnect between what people know as a matter of commenon sense and wh the courts holding. we dont believe this ban was necessary for security reasons, and i think thats why you saw so many security experts come out and file. we also think that the president of the united states sending a message t...

This is a constitutional legal matter about the authority of president do what he did. you can couch it any way you want. yeah, i agree with matt -- >> the chael eveningers said for a while this is a civil rights issue? >> for whom? its not a civil rights issue for muslims in yemen, theyre not american citizens. i mean, again, the left have to be careful about how they couch these things because if you take it to a space where nobody is, youre going to be there by yourself. >> let me get over to...

Evaluating. obviously it just came down. no decisions have been made by us and, you know, we will huddle about it. right now i think the country should be upset about an opinion that allows this -- the president of the united states to den graigrate a particular religion. >> what message do you believe this sends to the folks that you advocate for? >> i think they are going to be heart broke tone see t heartbroken to see the highest court seattle president make all these statements, whether befo...

National security. this is about keeping americans safe and that is something that the commander and chief is allowed to do and has the legal right to be able to do. you dont think that holds water? >> no. we dont. i mean, as i -- as i mentioned, its not just us saying that this was not necessary its a security mesh und and thats why you havent seen congress or other administrations do something like this. former national security experts said so. but i also think that its very dangerous to say ...

Were going t talk with pete a little bit more but 2019 bring in tom goldstein joining me now. hes also a writer. tom, not&tierl unexpected ruling coming down from these justices this morning no? >> not unexpected because as pete said the court had allowed the ban to go into effect. but a major controversy. the court explored what do about the presidents fain muss tweets for example and the suggestion of them that there was a religious motivation here, an attempt to keep out muslims from the unit...