Originally Posted by
FL370esq
Not so sure access to Trusted Traveler programs is a fundamental right nor are NY'ers a suspect class so that will make any argument that a court needs to apply a strict scrutiny analysis a pretty difficult hurdle. As for the Commerce Clause, who is going to invoke it? New York State? That would be a novel legal argument (usually used by the Feds against state laws) to get the Feds to lift the ban but I'm not sure how you prevail on that one. NY'ers aren't being banned from returning to the country, they just don't get expedited screening which would likely be found to be a de minimus impact on interstate commerce.
Maybe it will all be resolved after tomorrow's meeting.
A novel legal argument is preferable to ignoring process. The leaked memos don’t support favorable rational basis outcomes for the government and instead support political retaliation, which should come at no surprise with anyone.