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Supreme Court Rules Against USPS in Religious Freedom Case
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the united states. congress has made that determination. but the order first part of the order, preamble and the subsections of the preamble, section one, goes to the countries and was conditioned in those countries. conditions described are not what like judge hawkins was alluding to, but do make an attempt. an attempt that was made before congress. and that s it? i think the other important point is if you really believe that, you do that on the basis of transit, someone coming from those countries regardless of what nationality is, swept up by whatever the possible presidential action would be. that s how congress did it. that s the way to deal with that problem, not this. if i could, i just want to return to the colloquy that you all were having with my friend about mandel and bad faith. i see that as quite important to the resolution of this case. obviously, we think mandel
even last month, the brief filed before you said even last month the president said it s easier for muslims to immigrate than christian refugees from the middle east and, quote, he s going to be helping the christians big league. this is a repeated pattern of the president. indeed, two months ago to this day when the district court struck down the injunction in this case, scr 84, the president said, quote, moments ago i learned that a district judge in hawaii, part of the much overturned ninth circuit just blocked our executive order. this is a water-downed version of the first one. and, let me tell you something, we ought to go back to the first one and go all the way. does that mean that all those statements post-election statements, even the one you just read. does that mean that the president is forever barred from issuing an executive order along these lines? and what does he have to do to issue an executive order that,
hates us. i think islam hates us. i think he could point to changed circumstances from december 2015, when congress debated the exact same evidence that the president relies on in his executive order and say, you know, we actually need more than just denying people entry without a visa, which is what congress required. you need to do more than that. eliminate the text, which refers to honor killings. there s a bunch of different things that could be done. our fundamental point to you is that presidents don t run into establishment clause problems and the reason for that is this is a very limited, you know, in a really unusual case in which you have these public statements by the president. if you affirm the district court there s not a thing that any president has done in our lifetime that would be unconstitutional. suppose it had been another individual that issued the same executive order that hadn t said all these things, would it pass constitutional muster? the most important t
our founders wanted america to be a beacon on our coast and that beacon, at the end of the day, is not the quality of our sports teams or quality of our soil. that beacon ultimately is the majestic article iii. we ask the district court s ruling in joining this unconstitutional and unamerican executive order be affirmed. thank you, counsel. solicitor general wall, you had preserved a couple of minutes but we also went over time on the appellee s argument so we ll give you extra time if you would like it. thank you, judge gould. i ll try not to use all of it. i have a few brief points. the first is, i don t think washington can be taken to resolve the standard of review in this case. i think it s mandel. pretty close, though.
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