Anonymous wrote:Can someone please explain to me how this is happening so quickly? If the ban is illegal and unconstitutional, shouldn't it be challenged and a judgment made before putting it into effect?
Legal concept is Standing. Random John Doe can't challenge the ban. It has to be challenged by someone who is actually being harmed. Now that people are being denied entry and detained, they have standing to challenge-- and they are. In fact, I read in the WAPo that a class action had been filed, with two vetted refugees who were on a plane when the ban came down and were denied entry and the lead plaintiffs. So it is starting through the legal system. And they chose well. Entry into JFK is NY, which is the Second Circuit, which leans liberal. If they overturn the ban and it goes to the Supreme Court where there are 8 members and there is a 4-4 split, lower Court ruling holds, but only for that Circuit. LAX is in the 9th Circuit, with is very liberal, and would be another great place to get a plaintiff. All that said, this will have to go through several layers of appeal, so it will take some time to get an answer.
TLDR: before you can sue in many cases, you gotta find someone who is directly impacted.