[rugatika]

http://thehill.com/blogs/pundits-blo...ysis-not-legal

When Willie Sutton was once asked “why do you pick banks to rob,” he replied “because that’s where the money is.” Not all the money, but enough of it to prioritize banks. Similarly, when asked why these six countries were prioritized, the Trump administration responds, “because that’s where the terrorists are,” — not all of them but these countries aren’t vetting them properly.

The inclusion of the six Islamic countries in the travel ban is rational. It may not be the best list. Perhaps there should be no country list at all. But that is a judgement allocated by Congress and the Constitution to the executive branch. It is subject, of course, to the constraints of the Constitution. But the judicial branch will generally defer to the executive branch on matters involving national security, unless there is a clear violation of the Constitution.

In my opinion, that high threshold has not been reached in this case. So I predict the Supreme Court, if it gets the case, will find the new executive order constitutional.