I see you avoided my comments about the Immigration and Naturalization Act altogether....
"Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.”
...want to explain that one away?
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I didn't avoid it. I mistakenly gave you credit for knowing something that you clearly don't. I get sick of having to explain basic things to you, so at times, I assume you already know them to avoid having to further dumb things down.
Go read the Establishment Clause. Now, come back and tell us if that or the Immigration Act takes precedence. Then, study decisions and opinions of the SCOTUS to see how they have ruled in situations like that historically. They tend to vote based on a few different ways to interpret the Constitution. In this particular issue, the opinions of the Republican justices show that if they felt cheeto's order had a religion bias in it, they would act accordingly pertaining to the Establishment Clause. If that were not the case, they would have no reason to write that the order doesn't discuss any religion, is neutral on its face, that the argument showing cheeto's anti-Muslim discrimination is "unpersuasive," etc.
The fact that they are acknowledging all of those things as valid arguments against the order, if they felt those issues were present in the order, show that they would use the Establishment Clause as a way to defeat it and rule it unconstitutional. Their decision didn't say that the Establishment Clause doesn't count regarding the Immigration Act. Their opinions stated that cheeto's order wasn't a clear enough act of discrimination against a religion.
The fact that the majority ruled in favor of the ban despite Trump's rhetoric proves my point even further.
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Jesus Christ, read the fvcking opinion, BC. It is about 90 pages, but much of those are fluff pages that you can skip through.
The ruling showed the exact opposite of what you're claiming. cheeto's rhetoric wasn't taken into consideration by the majority opinion because they felt the order didn't show any bias. Clarence Thomas stated that as clearly as possible. He said that the plaintiff (that would be those against cheeto's order) were unpersuasive in proving that cheeto had an anti-Muslim bias with this order. In other words, as is further supported by another justice, the decision isn't that the president
can violate the Establishment Clause or any other part of the Constitution with the Immigration Act. The issue is if the president
did violate the Establishment Clause. Based on the order not mentioning religion, as a justice stated, the discrimination argument was not persuasive. That is also why cheeto added in two non-Muslim majority countries in one of his revisions so that the discrimination wouldn't be so clear.
This isn't rocket science. If you took the fvcking time to read the decision, you could save me a lot of time from exposing your ignorance.
Once again for you - read slower this time: the majority opinion didn't claim that the Immigration Act supersedes the Establishment Clause. The majority opinion didn't claim that a president can throw out Constitutional protections with the Immigration Act. The opinion stated just the opposite and looked to see if the Immigration Act violated the Establishment Clause. Their opinion was that the argument that cheeto's order had religious discrimination was unfounded, not that it was irrelevant.
If what you are trying to argue was the opinion shared by the majority justices, their opinion would simply have been that the Establishment Clause nor any other Constitutional protection pertains to the Immigration Act. It would be that simple. Their opinions stated the exact opposite of that.