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Where they question what would happen if they put forward no justification at all. when the counselor officer either gives you no reason or gives you a reason that s obviously untrue on its face, pretext sort of finding, i think that s a little different from purpose. to say that the president and three members of his cabinet acted in bad faith pretextually and adopting an order and saying it s for national security purposes when it s not to go down that road you would need the strongest and clearest showing of bad faith. solicitor general wall, i would appreciate hearing a little more on the government s view on the statutory side of the case. and specifically what i have in mind is that there s an 1182, there s a need to find that entry would be detrimental to the united states. and so i have a question whether ....
To go. 1152 deals with the issuance of immigrant visas. we make nationality based distinctions every day. that s what the visa waiver program is. nationals of some countries have to get a visa. nationals of other countries don t. olson doesn t say anything different. at most it gets you an injunction very different from this one, one that would be more harsh to the people that counsel purports to defend. 1182-f, judge ginsburg, footnote two of her decision, the president s sweeping proclamation power to suspend the entry of any class of aliens when he deems it in the nation s interest. i know counsel wants to second guess the exercise of that power here. but he s right, whatever this court says will govern president s exercise of that authority for years and decades to come. and no court has ever read into 1182-f, ever, from 1152 or other ....
she s not seeking an immigrant visa, correct? i believe she is seeking no. it s a nonimmigrant visa to visit. you re right, judge hawkins. she wouldn t fall within 1152 that relates to 1183 or whatever? that s right. and our position and the doctor is not the sponsor, correct? i believe it s his wife that is the sponsor. and is she the plaintiff? no, she is not a plaintiff. so i take your point, judge hawkins. just to say a word about the statute, to make clear, we think they operate, 1182 applies to entry by its terms. nothing in 1152, which deal wts issuance of immigrant visas limits in any way 1182 nor could it. it would raise serious constitutional problems if, for instance, it were to disable the president from suspending nationals from a particular ....
Injunction against the government that would require us to issue immigrant visas to people who wanted to come here even though once they arrived we could keep them from entering under 1182-f. we don t think that system would make a lot of sense. tom hanks at the airport, right? that s right. and that s why the state department has always said when you are denied a visa under 1152, it s only because you are validly suspended under 1182-f. that s the reason. but, again, if you disagreed with us on that, it would be the basis for a different injunction, one that i think would be practically pretty fruitless and harsh, but that would be the result. i don t think there s any way that you can read 1152 to limit the president s suspension of entry power under 1182-f. once you make that move, then there s no basis for the injunction. read them together. that is, you re dealing with a process. isn t that right? i think that s right. but the way to reconcile them, i ....
Argument about the statute, judge gould, about 1182, then it would, i think, affirm the district court s injunction as a whole. it s true 1152, nationality based discrimination, to up hold the junction as a whole, to read nonimmigrant visas as well as judge hawkins was illustrating. that is our reading. obviously there could be a question about that. with respect to the standing of refugees, both plaintiffs, we think, have standing. hawaii has standing because in washington versus trump, the court actually found that the state of washington had standing. indeed even on the refugee claims, which are before the court, and here we have identified, you know, indeed the government has pointed to three refugees that have come in this year in 2017. the district court proceedings ....