[Hawthorn]

>> The phrase “class of alien” will have to pass a legal test <<

It’s really a very interesting Constitutional question.

On the one hand, using any kind of religious test would seem to violate the First Amendment. I think Anthony Kennedy could easily be persuaded, and the four Dhims on the SCOTUS are sure votes from the git-go.

But on the other hand, who would have standing to bring suit in a Federal court? Some alien who is outside the USA? No way, IMHO. And I can’t think of anybody else.

So if you can conjure up a plausible plaintiff, I’m all ears!

[UCANSEE2]

On the one hand, using any kind of religious test would seem to violate the First Amendment.

Only if it's used against muslims. It's being used against Christians and the Supreme Court doesn't seem to mind a bit.