I can do that just for fun, btw I am much older than you and experienced in legal issues and have read hundreds of such complex documents. So, some idea such as "pitting your wits" against Internet adversaries isn't really workable.
I am not an expert or even an expert amateur in constitutional issues. But I have followed Instapundit.com for over ten years, that is a blog by a constitutional law professor, pretty good stuff. I certainly wouldn't want to rely on Huffington Post, or any left or right oriented spin group for understanding of an issue like this.
I can tell you there is no really interesting underlying legal argument, just partisian politics by the judges and true believers. Of course, beauty is in the eye of the beholder.
Regardless of that, there are serious implications to any of close to 200 appointed judges being able to veto an executive order on ANY BASIS. What is implied here is that in cases of a time critical issue, an issue such as should be delt with by executive order, by the Commander in Chief of a nation, any one of a large group could veto it.
That's just plain wrong.
Age matters naught, only experience, friend
expertise is a function of time commitment. This will be evident through our discourse.
And if not for synthetic discussion, in a public forum, how would men grow political doctrines as common citizens? The salons of France led to decapitated heads. The rhetoric of Hitler displaced a people. 'Pitting ones wits' against an intellectual adversary is the quintessence of our Republic. It's literally how our Framing Documents were constructed. Synthetic argumentation.
Alright, give me a bit to prepare my argument. To prestate, I will be first be addressing how the ban infringes on First Amedlndment rights through action if not intent. I will illustrate previous case law, if applicable.
Well, pursuing and eagerly supporting batshit crazy would have one predictable outcome. I'll help you out a bit. You are going to present an argument which I oppose. Rather than discuss it logically I am at this time shutting you up because that's my "right as a minority of one." Just like the 178 circuit court judges. You are now shut up.
See how easy that was? See how wrong it is? Deal with it, dude.
LMAO, I'm getting paid son. This is fun to me
and I love pointing out how deluded Trumpism is, it's a pet cause I've picked up that I would do for free. It's my warm fuzzy, ala Paul Frank.
Honestly, man, you sound too lazy to defend yourself. You would disseminate your views for free, yet when challenged in a public forum, suddenly it's too much effort to defend yourself? Come on man, I have more respect for you that that, don't be a shit. You knew I was going to propose some shit you didn't agree with before I even started typing. I understand if you are having reservations about being able to defend your ideas.
You backed up like a bitch. Don't be a bitch, Spendulus. This is the second time you've done this.
First, let's establish if the affected party (as you are aware, there are a multitude of different classes trying this) has the right to claim damages. In the general case, that would mean individuals from the countries affected by the travel ban. In fact, are these people subject to protection under our Constitution at all given that they are non citizens? Case law says yes. Observe Yick Wo vs Hopkins. In this particular case, these Chinese nationals were procedurally denied citizenship. Admittedly, these were residents of California being denied citizenship through stature, not people living abroad. But the Supreme Court used that decision while forming opinions on Boumediene v. Bush. Hilariously, this case involves the lack of constitutional rights experienced by actual terrorists being imprisoned in Guantanamo Bay. The Court found that, even when the president acts outside the borders, he lacks the “power to switch the Constitution on or off at will.”
OK, so hopefully we have established that the affected class has a legitimate claim, which seems reflected by recent Supreme Court decision. Moving on.
Under the First Amendment, there should be no laws “respecting an establishment of religion” or “prohibiting the free exercise” of religion. The EO includes a clause which allows 'Prioritized refugee claims on the basis of religious persecution, so long as the applicant belongs to a religion that is a minority in their country of origin.'. Let's look at that. As any war could generate refugees, humanitarian intent (good faith action) would entail that one would accept all refugees from an area, irrespective of religion, but respective of security risk. By specifically providing greater assistance to a specific religion, this shows favoritism, promoting the agenda of a specific religion. Because all the xountries he tarfetted are Muslim majoritys, the other side of the coin is that Muslims woukd not recieve "prioritized consideration". Damn that First Amendment. This seemingly would violate the prohibition against laws 'respecting an establishment of religion'. Also, by denying travel from countries that are majority Muslim, because of a 'security risk', seems to "prohibit the free exercise of religion" of Muslims in those countries as they enter our territory.
If empiricism (statistics on terror and it's origins) were used to determine this list of countries, why was Saudi Arabia not listed? They literally did 9/11 (not Bush). While this is more a moral argument of mine than legal explanation, it leads me to my final point.
Let's go back to Wick Yo vs Hopkins. The Court pronounced that although a “law itself be fair on its face and impartial in appearance,” if it is “applied and administered by public authority with an evil eye and an unequal hand,” it will be evaluated accordingly. This is why I said many comments ago Trump was a dumbass for letting his cohorts run their mouths about his intent. Gotta be slicker than that. Anywho, we have the progenitor of the ban, the POTUS, calling it on record a Muslim Ban. Let me repeat that, it didn't sink in a month ago when you heard it. Muslim Ban. As in, hey, are you Muslim? Banned, bitch.
Despite the guy that wrote it calling it a Muslim ban (yet you don't think it a Muslim ban, because those are unconstitutional, right?), yet another Trump surrogate, and author of the EO, claimed it was a Muslim ban. In fact, let's quote this dumbass:
"I'll tell you the whole history of it: When he first announced it, he said 'Muslim ban,'"
"He called me up, he said, 'Put a commission together, show me the right way to do it legally.'"
So, we have an obvious bad faith action, obviously. Thank you, Mr. Guilliani.
After you rebut, I will àpproach the argument from a 5th amendment violation of due process, specifically green card holders and permanent citizens affected by the ban through procedurality, and the actions of the executors of the legislation (TSA) and the damages it has cause