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That s not good enough. it s still until the executive order. so stuff like this in the ruling tonight. it is materially interesting i think because it implies that the new administration is not only getting clearly shut down by the courts they re also completely blowing it on basic stuff. the nut of this ruling is that the trump administration is wrong when they say the president has unreviewable authority to do whatever he wants on immigration. the court knocks that one s head off, right? this is the part you ve seen quoted all night. there is no precedent to support this claimed unreviewability which runs contrary to the fundamental structure of our constitutional democracy that s the nut of this year. no president has unreviewable authority. no precedent in american loss has unreviewable authority. even on national security, even on immigration, of course the president is reviewable, that s why we have a judicial branch of ....
Policy, particularly when motivated by national security concerns are unreviewable even if those actions potentially contravene constitutional rights and protections. there is no president to support this claimed unreviewability which runs contrary to the fundamental structure of our constitutional democracy. those are strong words from the court. those are very strong words but there is one precedent, the president for deferring blindly to the executive branch resulted in the internment of thousands upon thousands of japanese americans. at the tail end of world war ii out of a concern that the japanese were about to invade california. looking in hindsight, japan at that point didn t have a navy to invade the united states with so wherever we re seeing this type of radical deference to the executive branch, that s where we re seeing the worst most historically embarrassing tragic examples of executive overreach. deference to the executive ....
and the court says you can t say it s unreviewable because it s subject to broad executive authority. you can t act in ways that violate the constitution and here the court was clear that it thought the actions violated the due process rights of individuals who are present in the united states. i want to read this part of the ruling because i thought it was remarkable and it goes to what we were discussing with attorney general schneiderman. the government made the argument that it was unreviewable, what the president did. that the president had unreviewable authority to ban any class of aliens he wanted to and the court says the government has taken the position the president s decision about immigration policy, particularly when motivated by national security concerns are unreviewable even if those actions potentially contravene constitutional rights and protections. there is no president to support this claimed unreviewability which runs contrary to the fundamental structure of ....
They ve develop so far as to cite two incidents in american history we do that, when we denied communists their passports, entry back into the united states, and japanese internment camps. they slammed that argument about unreviewability and in a direct way. not only, that they talk about the idea of as jeffrey toobin was talking about and my colleagues said, you can go behind and look at the intent of this ban. the idea that you may have a secular territory reason for having this executive order, they re essentially saying we have the right and we are obliged to look behind that. all this is to say that we have to resolve this in the lower court. we haven t fully decided the merits of this case, but if we did, looking ahead, the washington state, the state of minnesota, has the stronger case. senator ben carden, the democratic senator from maryland, joins us from capitol hill right now, a ranking democrat, a ranking member of the foreign relations committee. your reaction to this de ....
Stuff. the nut of this ruling is that the trump administration is wrong when they say the president has unreviewable authority to do whatever he wants on immigration. the court knocks that one s head off, right? this is the part you ve seen quoted all night. there is no precedent to support this claimed unreviewability which runs contrary to the fundamental structure of our constitutional democracy that s the nut of this year. no president has unreviewable authority. no precedent in american loss has unreviewable authority. even on national security, even on immigration, of course the president is reviewable, that s why we have a judicial branch of government that answers to the constitution. that s the nut of the ruling. everyone on that point, though that there will be a fight about that. there can be a fight about that, there will be a fight about that. the part that takes me aback is the dumb stuff. ....