[Political Junkie Too]

... the Supremes STILL legislated from their high perch. The law, used by multiple presidents, is very clear cut and has no exemptions unless provided for in the president’s determination.

Didn't the revised EO include an exception for people "in transit" because of the chaos over the sudden implementation of the first EO?

I suppose one could debate whether "in transit" begins when the visa is issued, or does it only begin when one actually steps onto the airplane?

If "in transit" begins when the visa is issued (permission granted to travel to the United States), then perhaps there is enough wiggle room to declare that these people are covered by the EO exception and that it is not SCOTUS legislating from the bench?

I'm just playing Devil's Advocate here...

-PJ

[Pecos]

My apologies. The “in-transit” is covered by long-established precedent. No ex post facto laws, and all that. I should have been more explicit in that I was thinking of the “close family member” and “accepted student” exemptions. How does the U.S. know that your cousin, recently accepted by the University of What’s Happening Now isn’t a jihadi? The founder of AQ was a student in Colorado when he self-radicalized.