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in yemen never met who has been in the united states. >> alan, the court just dismissively saying, yes, we have standing. they didn't go into it which is one of the key issues there. the state of washington did not have standing. >> of course. the government fell into the trap by saying that there was no possibility of review here. of course, the court has the power to review. you never tell a court that it doesn't have the power to review and expect that they are going to remain silent in response. also, the establishment argument is not a strong argument. here you have seven countries picked by the obama administration. we do have islamic extremism and terrorism. so you pick seven countries that are all mus him. is that surprising? should they have been in armenia to avoid the idea it's an establishment? i think the argument on the merits will probably prevail in the supreme court. that is the trump argument and may well prevail but take them too much time to get there.

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