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May 15, 2017
To go. 1152 deals with the issuance of immigrant visas. we make nationality based distinctions every day. thats what the visa waiver program is. nationals of some countries have to get a visa. nationals of other countries dont. olson doesnt say anything different. at most it gets you an injunction very different from this one, one that would be more harsh to the people that counsel purports to defend. 1182-f, judge ginsburg, footnote two of her decision, the presidents sweeping proclamation powe...
May 15, 2017
They dont tell you that. the descent said that but the mantle has never said that. the law has always been even when there is a delegation of authority, its still got to be viewed within an overall context of the immigration scheme. to view it the way they do would allow the president to take a magic eraser to the entire code. obviously, the brief in that texas case is not about establishment clause. >> we understand what that was about. >> yes. >> you wrote a brief in flora v. lar. >> ive been ...
May 15, 2017
Refugee admission. section 6 shouldnt even be on the table. look, ill wrap up in the same way. yes we did say to the fourth circuit last week that the precedent set by this court in the presidents immigration authority will long transcend this debate, this order and constitutional moment. counsel is right that this country is a beacon. what makes it a beacon is the rule of law. under the settle e ed legal rul for statutory interpretation, what the president did here falls squarely in his constit...
Unknown Date
Over the general -- indeed, supreme court case after supreme court case have said, look, the statute looks like an unbounded delegation of authority. but, actual ly, we have to read it more narrowly. >> counsel if, i could interject a question on the statutory issues. if we were to conclude, hypothetically, that the establishment clause claim cant support the district courts could we still. >> absolutely. >> in whole or in part? and related to that could you touch on whether the basis of your cl...