constitution. it is a case about humanity. we live in a country that implores others on human rights. but we set an example that it is okay for a border patrol agent to murder an unarmed 15-year-old who is playing and posed no risk to the border patrol officer. mesa lied. he said the kids were throwing rocks at them and they weren t. but what is more important here, the fifth amendment to the u.s. constitution does apply. three- panel circuit court in new orleans held that the family had a right to pursue the lawsuit, because under the fifth amendment it applies to any people and the fifth amendment people if the government abuses power and engages in conduct that shocks the conscience, that
the white house had run into problems with this. they will tighten up the language. judge napolitano gave us an indication of what the white house and doj are doing in terms of rewriting the executive order. they have taken the 9th circuit court opinion and opinion in brooklyn and alexander, virginia and found all of the things that the judges say are problematic with the execute you have order and address them. reporter: the department of homeland security was specific to say this does not affect doca. and dreamers who are in the country, none of this affects them. that is expected to be handled in another executive order that is some weeks down the road. jenna: john, thank you very much. jon: james holmond is author
protesters who are planning to rally. where were these people on election die? it is a question a lot of democrats are asking. first of all, many of them did show up, sometimes you can still feel passionate even when you lose an election. these what hoops when you don t get enough people to the polls. donald trump got about 3 million fewer votes nan hillary clinton. here he stands before us as our president. i guess we all need to get used to it. the president called the 9th circuit court judges, calling them so unfair for suspending his travel boon. he told the crowd that his administration would be doing something in a couple of days. trump on stage blaming the
no right that was conferred here. it may be that lawful permanent residents have a right to be here and that visa holders have a right to be here. those could have been carved out. the 9th circuit refused to do that. as far as whether the decision was properly based, there s a statute that defines the president s authority. not only was it not distinguished, it wasn t discussed or mentioned. when ever the president finds any class of aliens into the united states would be detrimental, he made by proclamation that he shall suspend the entry. what about the 1965 immigration and naturalization act that says you cannot discriminate on people on the basis of national origin?
tribe joins us. he s a professor of constitutional law at harvard. he received tenure there at the astonishing age of 30 and has argued 35 cases before the supreme court. laurence tribe, let me ask you, summarize the decision. what can we make of it? the 9th circuit quite carefully and unanimously held that the decision of the district court that put the ban on hold until full hearing could be held and until serious legal flaws could be examined, that decision essentially was a defeat for the administration and a victory for the rule of law because the administration, after issuing a ban that was a thinly disguised form of religious discrimination and offering justifications for it that just didn t pan out in the