they've develop so far as to cite two incidents in american history we do that, when we denied communists their passports, entry back into the united states, and japanese internment camps. they slammed that argument about unreviewability and in a direct way. not only, that they talk about the idea of as jeffrey toobin was talking about and my colleagues said, you can go behind and look at the intent of this ban. the idea that you may have a secular territory reason for having this executive order, they're essentially saying we have the right and we are obliged to look behind that. all this is to say that we have to resolve this in the lower court. we haven't fully decided the merits of this case, but if we did, looking ahead, the washington state, the state of minnesota, has the stronger case. >> senator ben carden, the democratic senator from maryland, joins us from capitol hill right now, a ranking democrat, a ranking member of the foreign relations committee. your reaction to this decision