currently being litigated actively, as you know. >> i'm not asking about the litigation in the ninth circuit or anything. i'm asking about the fact, is a blanket religious test. is that consistent with the first amendment? >> we had a free exercise clause that protects the free exercise of religious liberties by all persons in this country. if you asked how i apply it to a specific case, i can't talk about that for understandable reasons. >> could the -- >> the understandable reasons, just so we're -- i'm frank and candid with you as i can be, senator. you asked me to apply a set of facts that look like a pending case in many circuits now. >> would the president have the authority to ban all jews from the united states or all people that come from israel? would that be an easy question?