>> suppose the president had adopted this second order or third order and identified areas of active combat in these -- some of these affected countries or in those portions, carefully drawing a map like a legislative gerry mandering, if you will, whether it's isis, boko horom, al qaeda, the taliban, and nared it down just to those areas, would that pass muster? >> i think it very much would. that's exactly what congress did in 2015. it didn't do nationality base discrimination. this is what the district court found in er 61. if you isolate where people had come and visited from 2015 visa waiver program works, it doesn't work by where you're born or what passport you hold. it works based on where have you