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by vivekd
3434 days ago
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There is no final court order yet, there is a temporary stay and this order merely prohibits deportation, not the detention or turning away of immigrants coming in. This order is just one small step in what is going to be a long hard case. It'll probably end up going to the Supreme court, the Supreme court has two Obama appointees and with justice Scalia passed away there is a chance it could go in the ACLU's favor. . . but established constitutional law is clear, the Supreme court has ruled time and time again that America can turn away anyone at the boarder and non-citizens do not have a right to stay in America . . . so defeating this executive order at the Supreme court level will require some doing, which might happen because of the current composition of the court has judges that are willing to veer away from established precedent. |
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ACLU of course would argue the whole order is invalid, but I don't think this part would be easy to prove and not likely to get emergency order broad enough, and it probably would take more than 60 days to go through which means challenging this particular order in its entirety may be moot by the time it gets to any sort of trial. If the subsequent policy will match it though it still may have a point.