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You've described who are coming to work, or to reunite with relatives while eliminating the injunction as it applies to people who are outside the country, have never been in the country and probably have no constitutional right to come into the country. would you be prepared to sit down with the government and try to negotiate a compromise along those lines? >> thanks to that question, proffer. y -- professor. >> the briefing has been excellent. those attorneys are well known to me and are doing an excellent job of advocating on behalf of the federal government. number two, on whether i'm pre...

Religion? >> explain what the establishment clause is? >> the first member of the constitution. the united states is denominationly neutral, we don't advocate a religion and we don't prefer one. section five of the executive order talks about being able to give a preference to entry into the country if you are from a minority religion. the debate between those two things is, listen, i'm saying, any minority religion -- that's what trump is saying, i'm not saying which one. that's kind of a semantic space argument. and we're arguing essentially saying, no, we don't give preference. it's a facia...

Religion? there are two separate issues. >> explain what the establishment clause is. >> the first amendment of the constitution. it says the united states is denominationally neutral. we don't advocate a religion and we don't prefer one. section five of the executive order talks about being able to give a preference to entry into the country if you are from a minority religion. the debate between those two things is, listen, i'm saying, any minority religion -- that's what trump is saying, i'm not saying which one. it may benefit christians, it may benefit muslims, if you're the minority reli...

Hold onfully night. the appeals court handling that case, received final written arguments from the justice department on restoring it, and they scheduled it for tomorrow. pamela brown joins us now. what are the government's main arguments to lift the judge's temporary halt of the travel ban? >> the district judge who issued this injunction was wrong and overstepped his bounds. the department of justice lawyers argued in the brief filed just tonight that the court's sweeping nationwide injunction is vastly overbroad, extending far beyond the state's legal claims, it argued the president has wi...

Of washingtonians. >> i saw you shaking your head. >> i think there's more to it than that, the family in yemen has an argument, there are two constitutional arguments the attorney general has raised. it protects action rather than people.family in yemen may have a hard time making a due process argument, we can make an establishment clause argument, an equal protection argument, because those parts of the constitution apply to everyone. and they limit government -- >> no, they don't. >> they do not apply to foreign nationals who have never been in this country and have no rights under america...