Whether you read the Appeal account on Huffington Post (http://m.huffpost.com/us/entry/us_589a4aece4b09bd304be9a8c?ncid=inblnkushpmg00000009), New York Times (https://www.nytimes.com/2017/02/07/us/politics/trump-immigration-ban-hearing-appeal.html?hp&action=click&pgtype=Homepage&clickSource=story-heading&module=first-column-region®ion=top-news&WT.nav=top-news&_r=0) or Washington Post (https://www.washingtonpost.com/world/national-security/in-their-courtrooms-theyre-protected-by-people-like-me-dhs-secretary-weighs-in-on-legal-dispute-over-trump-ban/2017/02/07/5e37fc4e-ed4e-11e6-9662-6eedf1627882_story.html?hpid=hp_rhp-top-table-main_trum) sites, it looks like it is going to come down to the 1st Amendment (see bold below).
“Amendment 1 - Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
“You have enemies? Good. That means you’ve stood up for something, sometime in your life.” Attributed to Winston Churchill
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