The standard on whether something might prevent a terrorist attack is not the standard on whether something is legal.
If we killed all Muslims found in the country that might prevent a terrorist attack too. Does that make it legal?
Bingo.
Good point.
“If we killed all Muslims found in the country that might prevent a terrorist attack too. Does that make it legal?”
Good point! How about if we compromise and DEPORT them all?
Exactly. But this argument would be lost on most judges. They seem to operate in some non-rational universe where they can always find a “precedent” or a “penumbra” to coincide with what they personally “feel” is right. Or to correspond with how they have been bribed to rule.