About the only area where there is likely to be a successful legal challenge is for green card holders because this residence of the USA they are likely to have due process rights guaranteed by the Constitution under a 1990 Supreme Court decision defining who are the people for the purpose of the Bill of Rights.
On Monday’s broadcast of CNN’s “OutFront,” Harvard LawProfessor EmeritusAlan Dershowitz reacted to Acting Attorney GeneralSally Yates’ announcement that the DOJ will not present arguments in defense of President Trump’s immigration order by saying Yates made a “serious mistake” and has “made a political decision, rather than a legal one.”
Dershowitz said, “Yates is a terrific public servant, but I think she’s made a serious mistake here. This is a holdover heroism. It’s so easy to be a heroine when you’re not appointed by this president and when you’re on the other side. She made a serious mistake. I think what she should have done is done a nuanced analysis of what parts of the order are constitutional, what parts are in violation of the statute, what parts are perfectly lawful. There’s an enormous distinction between green card holders on the one hand, people who are…
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