For starters, its opinion didn't mention the relevant
Posted on: February 9, 2017 at 20:43:39 CT
MUTGR MU
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portion of the Immigration and Nationality Act, 8 U.S.C. ยง1182(f), which provides:
(f) Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.
Seems to be directly on point and to grant the exact authority the President exercised with his EO.
Second, this rationale for granting the States standing is awfully thin:
"We therefore conclude that the States have alleged harms
to their proprietary interests traceable to the Executive
Order. The necessary connection can be drawn in at most
two logical steps: (1) the Executive Order prevents nationals
of seven countries from entering Washington and
Minnesota; (2) as a result, some of these people will not
enter state universities, some will not join those universities
as faculty, some will be prevented from performing research,
and some will not be permitted to return if they leave."
Two potential grounds for reversible error right there.
Edited by MUTGR at 20:44:50 on 02/09/17