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>> tucker: big time, right. so i wouldn't be be a bad thing to carve out an exception for christians? >> what the court found is that there is evidence not only in the order but outside the order, statements by the president of the united states, statements by his aides that the order in fact was discriminatory to a certain religion, and therefore elevated religion in a way that was counter to the establishment clause of the constitution. >> tucker: but as i said, we've done this before and no one said anything. if there is a precedent for singling people out on the basis of the religion for s...

World away from the executive order relating to immigration. it's related to immigration and the judge's ruling on due process made it clear that with respect to any person in the united states, citizens, residents, or folks who have been issued visas, whether they be in the state or not in the state, they are required under the law to be protected by due process, notice and opportunity to be heard. >> tucker: so there's nothing theoretical i beg your pardon, about the example i just gave, if they have due process rights, the same things you will die as citizens possess, those rights don't jus...

Many respects. you can go back and read our eight years of reports you'll see plenty of criticism, >> tucker: i read them every year, let me ask you one less question i've always wanted ask you this. the constitution guarantees and the courts have upheld this the right of individuals to keep and bear arms. that is under attack by a lot of politicians in this country, trying to take away law-abiding people's rights to exercise their second moment guarantee. that is an attack on their human rights as defined by the constitution and never hurt you stand up against that, why? >> international huma...

National security and immigration is entitled to deference, it is reviewable under constitutional standards. that's point number one. second point, second point, standing. the court made clear that states have standing to bring action against the federal government where the federal government's actions will impact the states, the states of washington and minnesota presented compelling evidence of the impact on students at universities, professors at universities, employees, and businesses. >> tucker: that all seems reasonable, but what's the court legal or constitutional problem with the orde...

>> tucker: big time, right. so i wouldn't be be a bad thing to carve out an exception for christians? >> what the court found is that there is evidence not only in the order but outside the order, statements by the president of the united states, statements by his aides that the order in fact was discriminatory to a certain religion, and therefore elevated religion in a way that was counter to the establishment clause of the constitution. >> tucker: but as i said, we've done this before and no one said anything. if there is a precedent for singling people out on the basis of the religion for s...