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Originally Posted by martyh
If he goes for another ban then he will have to base it on fact not perception .He will have to show that the countries are a threat the the USA ,which he failed to do at the appeal
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He doesn't have to show that they are a "threat". The Immigration and Nationality Act of 1952, gives the president the power to suspend or impose restrictions on the entry of foreign nationals if he determines their entry "would be detrimental to the interests of the United States."
That's a much lower bar than a threat.
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and he will have to remove any religious bias ,which he failed to do
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There was no religious bias in the original order. Religion wasn't mentioned. They argue that even though the White House has repeatedly said the order does not constitute a "Muslim ban," that his repeated call for such a ban on the campaign trail shows the true intent of his order.
That may be so, but the judges are only supposed to be judging whether the ban is legal or not and therefore should only be Judging what is written within the four corners of the paper the order is written on. Not what they think the president may or may not be thinking.