Paul A. Renne, arguing for the tenants, said the imposition of "collective guilt" raised constitutional problems.
A six-month parliamentary inquiry concluded that a full ban would raise constitutional issues, as well as enforcement problems.
This last remedy is the most extreme and would raise constitutional questions of its own.
The appeals court then ruled, and the court agreed today, that because a complete removal of judicial review would raise serious constitutional problems, the laws should be interpreted to retain the jurisdiction of the federal district courts to issue writs of habeas corpus, a determination that a prisoner is being held illegally.
Despite these uncertainties, however, it is quite clear that teaching intelligent design in public science classrooms would raise serious constitutional problems in most, if not all cases, and that schools that adopt intelligent design policies run a substantial risk of losing in the courts.
At a separate Senate committee hearing, Sen. Jeff Sessions (R-Ala)., the immigration hardliner Trump hopes to make attorney general, said a Muslim registry "would raise serious constitutional problems" over freedom of religion.
He said on Tuesday that such a policy "would raise serious constitutional problems," and that he would oppose a blanket ban on Muslims (but not a ban on people from Muslim-majority nations).
To distinguish which refugees will or will not be resettled based on their religion or national origin raises constitutional and legal problems, Gulasekaram said, adding: "States can't pick and choose amongst refugees".
Stephen Gillers's ingenious proposal that Senator John Kerry choose former President Bill Clinton as his running mate (Op-Ed, March 3) raises more constitutional problems than Mr. Gillers suggests.
Justice Ginsburg observed that when there were two ways to interpret a state court decision, one that raised potential constitutional problems and another that did not, the justices had traditionally endorsed the nontroublesome interpretation.
