Doesnt Mandell News Today

Cant challenge visa denials or revocations. the claims that the state -- >> sure they can. >> -- is bringing are -- >> sure they can. look, the whole point of the dinn case was dinn, himself, rather, dinns husband couldnt challenge but she could. and three justices of the court were prepared to throw it out at the first step, but the other six justices were not. they took up the claim. why isnt the state of washington in a comparable position, say as the proprietor of the stay universities, havi...

Allegations here of bad faith? and doesnt mandell and dinn envision that thats something we would need to look at? >> when reviewing executive order of the president under section 212-f, the review should be confined to the four corners of the document to determine if the document -- if the decision, itself, and the executive orders findings have any -- raise -- have any issues with respect to the standard. and, again, im sort of far ahead of our position. this would be if there is a party in th...

Is that this case is different from mandell and dinn and in an important way in that the federal actions here effect longtime residents who have been here and thats not all -- the establishment clause violation effects everyone in a sense. in a sense it -- well, as the court knows, the case law is quite clear that establishment clause violations on their own show irreparable injury and we, of course, believe that that claim is very strong. so just on the merits, the state has shown a strong like...

Theory and ill get to that. the theory assumes youre asserting the right on behalf of the beneficiary, but theres well-established law that in the immigration context, the sort of third-party interest and the case obannon describes this is not something that can be asserted. id also -- >> i suggest -- exerts exactly that. i mean, in kerry versus dinn, the plaintiff was the wife of the person who was excluded so the person who was excluded may not have had any rights he could assert directly but ...

Recognized that congress and the president share the act -- exclusion of aliens is a fundamental act of sovereignty that the congress and the president, theyre within the powers of congress and the president. so our point would be that theres limited review and the executive order -- most limited review in the executive order easily passes that test and that would only be true -- >> what kind of limited review do you acknowledge is appropriate? >> again, were not acknowledging any review on the ...

There are significant impacts on people who do live here, whove been here for many years who are longtime residents and who clearly are entitled, themselves, to constitutional rights of due process, equal protection unlike in kerry and mandell where really it was, you know, the rights being harmed were of the people jooverseas. it was the people here who were asserting them. >> the assertion the court took up the claim only because in the case of kerry versus dinn, miss dinn was a u.s. citizen. ...

The course took the case up. the people who argued they wanted to be able to hear him, the various universities to which hed been invited. well, university of washington, washington state, invite people. why doesnt the state of washington have the same standing that the scholars did in mandell? >> the -- again, you have to look at sort of the right of the state and i guess i was discussing the right of the state on behalf of the people that it wants -- its bringing suit on behalf of. its sort of...