where the fuck is the new EO?
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Poast new message in this thread
Date: February 26th, 2017 12:34 PM Author: Arousing Mother
the hasty roll out is what fucked him last time. you should be happy he's taking his time with this one.
with that said, it will still be vulnerable to legal challenges no matter how they word it thanks to Trump's prior statements re: banning muslims while prioritizing christain refugees. it makes it easier to argue that the order is discriminatory AS APPLIED regardless of whether the text is religiously neutral.
(http://www.autoadmit.com/thread.php?thread_id=3536784&forum_id=2#32703576) |
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Date: February 26th, 2017 1:32 PM Author: Arousing Mother
its very simple:
1. Constitution <-- means whatever judges say
2. Statutes <-- means whatever judges say and can't conflict w/ #1
3. Executive orders <-- means whatever judges say and can't conflict w/ #1 or #2
(http://www.autoadmit.com/thread.php?thread_id=3536784&forum_id=2#32703871) |
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Date: February 26th, 2017 12:46 PM Author: Arousing Mother
yes it does. from the Yick Wo link:
"Even though the Chinese laundry owners were usually not American citizens, the court ruled they were still entitled to equal protection under the Fourteenth Amendment."
https://en.wikipedia.org/wiki/Yick_Wo_v._Hopkins
Also, the EP clause specifically applies to PERSONS, not citizens:
"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any PERSON of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
https://en.wikipedia.org/wiki/Fourteenth_Amendment_to_the_United_States_Constitution
(http://www.autoadmit.com/thread.php?thread_id=3536784&forum_id=2#32703641)
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