Secondly, they opined on the reviewability of the Executive order. This is, I think, extraordinarily important. The Court went on to say--
I am paraphrasing at this point: Yes, the courts owe substantial
deference to the immigration and national security policy
determinations of the political branches--legislative and executive. But it went further to say:
Instead, the Government has taken the position--
This is on behalf of the executive branch--
that the President's decisions about immigration policy,
particularly when motivated by national security concerns,
are unreviewable--
Unreviewable--
even if those actions potentially contravene constitutional
rights and protections. The Government indeed asserts that it
violates separation of powers for the judiciary to entertain
a constitutional challenge to executive actions such as this
one. I did not really capture that the government had made that argument.
Keywords matched
immigration