the order applies to lawful permanent residents
Posted on: February 4, 2017 at 13:07:23 CT
gmmm98
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who are afforded constitutional protection. an order dealing with classification of nationality is subject to strict scrutiny-the order would have to be narrowly tailored to meet a compelling government interest. here, there is no evidence of terror attacks in the united states from the seven named countries. the order doesn't pass muster of strict scrutiny; therefore, it violates the equal protection clause of the constitution.
it probably also violates the establishment clause by favoring refugee claims who are in the religious minority in their nation.
there's also a pretty solid due process claim.