Kagan posed a questionable hypo at travel ban oral arguments
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Date: April 25th, 2018 12:05 PM Author: mildly autistic pink church building
Shannon Bream
‏@ShannonBream
Just out of SCOTUS. J. Kagan presented hypothetical about an anti-Semitic president in the future - and asks what power there would be to stop him/her from banning Jewish immigrants.
8:22 AM - 25 Apr 2018
(http://www.autoadmit.com/thread.php?thread_id=3959455&forum_id=2#35916584) |
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Date: April 25th, 2018 12:17 PM Author: mildly autistic pink church building
Apr 25, 2018 at 10:46 am ET
Kagan: Would Israel Travel Ban After Anti-Semitic Campaign Be Allowed?
Justice Elena Kagan asked whether the order would be constitutional even if the administration had not undertaken its worldwide review. Mr. Francisco said yes, but that his case is stronger given that it did the study.
Justice Kagan then turned the conversation to what many see as the heart of the matter--whether this order is unconstitutional because it discriminates on the basis of religion. She put forth a hypothetical situation: a president is elected after a virulently anti-semitic campaign in which he regularly disparaged Jews. Then, as president, he asks his staff to issue recommendations for security. As a result, he bans travel from Israelis.
Mr. Francisco replied that this is a "very tough hypothetical" and that it's not clear this rule would meet a rational basis standard.
Justice Kagan replied: "This is an out-of-the-box kind of president in my hypothetical" -- a comment greeted with laughter in the courtroom.
(http://www.autoadmit.com/thread.php?thread_id=3959455&forum_id=2#35916703) |
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