the question is the motivation for the order
Posted on: February 10, 2017 at 08:50:37 CT
gmmm98
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and that is a pertinent topic because the order gives preference for religious minorities. the court is obligated to look beyond the face of the order in an establishment clause analysis in determining if the order was motivated by a discriminatory purpose.
the court is not limited to review of the four corners of the order. trump's campaign statements, giuliani's claim, and trump's clarification that the order is designed to give preference to christians are all relevant.
Edited by gmmm98 at 08:51:24 on 02/10/17