Monday, January 30, 2017

Courts Unlikely To Strike Down Trump Order For Religious Bias, Experts Say

TPM reports:
President Donald Trump’s executive order temporarily suspending the U.S. refugee program and barring immigrants from seven majority-Muslim nations is unlikely to be defeated on religious discrimination grounds, constitutional law experts told TPM Monday.

While they said Trump’s order will have a disproportionately negative impact on Muslim refugees and immigrants, the experts argued the wording of the order, as well as the broad authority historically vested in the executive branch on immigration policy, renders it difficult to successfully argue that the order explicitly discriminates against Muslims.

“It’s not a slam dunk,” Stephen Wermiel, professor of constitutional law at American University Washington College of Law, told TPM in a phone interview. “The order doesn’t specifically ban Muslims; it’s not the same thing that Trump talked about during the campaign. Because it identifies people based on country of origin rather than their specific religion, it’s less obviously religious discrimination than what he discussed previously.”
Does someone who's never lived in America have standing in court?