To some of who have completely lost legal argument in sentimental rhetoric, Wednesday’s oral arguments at the Supreme Court in Trump v. Hawaii were about Trumpness versus goodness and niceness. “At stake is the meaning of America,” tweeted Harvard’s Prof. Laurence.
But really, the case is about the power to exclude foreign nationals, the distribution of that power between Congress and the executive branch, whether the president violates a statute when he uses powers given him under that statute, and last but perhaps not least, whether courts should be involved in such a case at all.
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