If Trump was smart, he would redraft. Competence matters. I wouldn't be surprised if SCOTUS upheld this decision.
Not along party lines either. I actually think some liberal justices understand that the Constitution is on the side of this decision.
You're missing the point. This EO affected legal permanent residents, the sloppiness just undercuts Trumps argument.
"On the one hand, the public has a powerful interest in national security and in the ability of an elected president to enact policies," the judges wrote. "And on the other, the public also has an interest in free flow of travel, in avoiding separation of families, and in freedom from discrimination. We need not characterize the public interest more definitely than this... The emergency motion for a stay pending appeal is denied."
I read this argument as an amateur liberal opinion. It feels like something written by a 20 year old college student at Berkeley. I do not believe that they have a legal case going forward on Constitutional grounds. At all.
The legality of his EO is sound. Period. The Constitution doesn't talk about discrimination against foreign travelers. A Syrian immigrant is not entitled to due process under United States laws.
That's true, but I believe those already under US jurisdiction (such as those in airports, and those who are already here on green cards and visas they obtained legally) are afforded quite a few rights, including due process of the law. If Trump had said "anybody applying for visas from these countries will be hereby denied until further notice," he would have been on much more solid legal ground.
