I was astonished to hear the judges asking “do you have any evidence” of the risk to the US that is the basis for Trump’s order. First of all, wouldn’t any such evidence be classified information? And, secondly, wouldn’t a judge pressing the lawyer for such information constitute pressuring a government official to divulge classified, and possibly Top Secret information?
Absolutely correct.
The Supreme Court in Harisiades v. Shaughnessy (1952)declared: “Any policy toward aliens is . . . interwoven with . . . foreign relations, the war power, and the maintenance of a republican form of government. Such matters are so exclusively entrusted to the political branches of government as to be largely immune from judicial inquiry or interference.”