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That were about people who were communists who advocated overthrow of the u.s. government. are you saying that the external evidence here that is alleged, that the intent here was to ban muslims, is equivalent to that? >> if there were an executive order that prevented the entry of muslims there would be people withstanding to challenge that. and i think that would raise establishment cause, first amendment issues. but that's not the order we have here. this order is limited to the countries defined by congress. on the refugee -- >> -- argued that that was the motivation and plaintiffs have su...

Was asked earlier about what is the order said, no muslims. you have been analogizing two cases that were about people who were communists who advocated the overthrow of the u.s. government. are you saying that to the external evidence here, that is alleged, that the intent here was to ban muslims, is equivalent to that? >> if there were an executive order that prevented the entry of muslims, there would be people standing to challenge that. and i think that would raise establishment because, first amendment issues. but that is not the order we have here. this order is limited to the countries...

The order said, no muslims. you have been analogizing two cases that were about people who were communists who advocated the overthrow of the u.s. government. are you saying that to the external evidence here, that is alleged, that the intent here was to ban muslims, is equivalent to that? >> if there were an executive order that prevented the entry of muslims, there would be people standing to challenge that. and i think that would raise establishment because, first amendment issues. but that is not the order we have here. this order is limited to the countries defined by congress. on the ref...