Replies

There are a number of errors in the article AT NRO. Most of the more serious ones are errors of omission, so it's not obvious how flagrant they are.

Among some of the topics he discusses mistakenly are that the author decides -- and admits he's decided -- to gloss over the question of how the 9th Circuit believes there can be a due process violation or a First Amendment violation of the rights of those who are not "US Persons."

He also chooses to misrepresent a requirement made by the Ninth that the Trump Administration has an obligation to provide evidence to the Court that there is imminent danger. That is flat out BS. In political matters the Courts are to defer to the political branches, and have no burden of proof that their decision is based on any evidentiary standard that would be approved by a judge. To have such a requirement would mean that every decision made in a political branch is reviewable by the Federal Bench. That is INSANE.