SteveRogers
duncan298
YaBB God
Posts: 4,217
Political Matrix E: -3.87, S: -5.04
|
|
« on: February 10, 2017, 12:00:01 PM » |
|
I don't think its a given that SCOTUS will take the case at this stage. They can choose not to get involved in the TRO and wait for the case to come up on the merits.
When SCOTUS does take the case, I wouldn't be surprised if they sort of split the baby with a decision striking down any application of the EO to lawful permanent residents and current Visa holders while leaving the order in place for new aliens seeking entry to the country. Yes, the President can restrict entry to the country, but he can't do so in a way that deprives those who have already been granted admission of their right to procedural due process.
Striking down the EO in its entirety probably requires a finding of religious discrimination, and I don't know that there's 5 votes for that (By the time the case comes up on the merits, Gorsuch will likely be confirmed).
|