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(Apparently the exclusion of Ernest Mandel is being used by Trump to justify the ban of Muslims.)
A case that proponents of Trump’s plan might cite is the 1972 case of Kleindienst v. Mandel, in which Attorney General Richard Kleindienst denied the temporary nonimmigrant visa of a Belgian Marxist professor who had been invited to deliver a series of lectures. A lower court ruling had determined that the First Amendment right of assembly extended to a foreigner when US citizens were involved. The Supreme Court, however, upheld Kleindienst’s action, determining that the AG had provided a “legitimate and bona fide” reason to exclude Ernest Mandel. [4] Should Trump win the presidency and should Congress adopt his “extreme vetting” test, American citizens might have little precedent to stake a legitimate legal challenge.
full: http://www.pulj.org/the-roundtable/the-legality-of-donald-trumps-proposal-for-extreme-vetting
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