ACLU Lawyer Says Travel Ban ‘Could Be’ Constitutional if Enacted by Hillary Clinton

‘The same action could be constitutional in some circumstances and not in others’

EXCERPT:

NIEMEYER: “Let me ask you a follow-up on that then. If a different candidate had won the election and then issued this order, I gather you would not have any problem with that, a different candidate who did not make the same expressions as President Trump did?”
JADWAT: “Yes, your honor. I think McCreary and other cases teach us the same action could be constitutional in some circumstances and not in others.”

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