But the lower courts brought in a constituional aspect to it that doesn’t apply to foreigners. What aspect was that? Religious freedom applies to everyone in the US, not just to citizens. I agree the religious freedom argument is unjustified in this case, but not because the case is about foreigners.
OMG, seriously? This executive order applies to people in foreign countries who want to come to the US, and the President wants to exclude them from the country. Those people do not have Constitutional rights. There are 7 billion people in the world and only US citizens have full protection of the constitution and persons lawfully within the country have some protections, but not all of them.
There are not constitutional rights implicated by the executive order. If he tried to exclude a US citizen, it would be different.