Quote:
Originally Posted by Heroball
Hoya,
Your thoughts on Robarts' argument that the EO would not pass rational basis review? Based on Lee Optical, isn't the Court encouraged to find a factual basis to deem acts rational (e.g., theoretical prevention of terror attacks by travel ban)?
Also, if 8 USC 1182(f), which allows for the President to suspend alien entry indefinitely, is controlling, and we're in Jackson Zone 1, then isn't the US government's constitutional footing on----relatively----terra firma?
I will drop a bomb about this when I get home.
I note ahead of time that assuming Youngstown maximal authority where an act is arguably unconstitutional simply skips steps and an entire area of dispute - not the AUTHORITY question, but the CONSTITUTIONALITY question - and basically rigs the game. The President cannot act illegally just because he has maximal authority. It's a different question.
That does not answer your question, I know. I'm going to.