they could have kept mandel out. i promised you an answer -- >> before we leave mandel, can i just ask one last question on this? we talked a lot about mandell, but there is that other line of cases, where the court says, look, planning power over immigration, absolutely, but it must be exercised in a way consistent with the constitution. we do have to apply the constitution. and if the constitutional norm, the establishment clause the , constitutional doctrine opposes the test, then it seems we have to abide the competition -- constitution even with the immigration clause. then we have your reading of mandel that says we cannot look at purpose. the constitutional rule is that we cannot work with the impermissible purpose. this is all resolved very elegantly by the bona fide qualification in mandel. when the constitutional rule that we are told to apply by cases like this involving the purpose inquiry, good news mandel allows for a purpose , inquiry under the bona fide formulation as construed in the controlling conc

>> you agree mandell agrees? >> no, your honor. i think mandell is not the standard that the court needs to apply. yes, i want to make very clear we went under the mandell standard, your honor. >> if we adopt the mandell standard you think you agree? >> yes, sir. >> what is the standard lemon? >> there's no reason to extend mandell to this context. there's obviously no rule that would instruct the court to apply mandel. >> what applies? what -- what -- >> sorry, your honor. >> is it the lemon test or the mccareery test? >> the lemon test is explained by mccreevy i think would apply, your honor. >> that's what i thought. >> correct. >> but even the supreme court made that application in immigration and foreign policy. i mean, those are domestic cases you're talking about mandel dealt with immigration. >> but they didn't deal with the establishment clause. i mean, what we have -- >> the first amendment. it said the first amendment -- first of all, it made it clear that the people beyond borders do not have constitu

they could have kept mandel out. >> before we leave mandel, can i ask one last question on this? there is that other line of cases. the court says, it must be exercised in a way consistent with the constitution. we do have to apply the constitution. if the constitutional doctrine imposes this test, we have one cases and then you have to apply the constitution. then we have your reading of mandel that says we may not look at purpose. the constitutional role is that we cannot work with this purpose. this is all resolved very elegantly by the bona fide qualification in mandel. when the constitutional rule that we are told to apply by cases like this -- good news, mandel allows for a purpose inquiry under the bona fide formulation as construed in the controlling concurrence. what is wrong with my elegant solution? [laughter] >> mandel has always been thought to apply to constitutional challenges, the denial of entry of aliens at the border where no constitutional rights. there are some aliens that have some rights under the statute of the constitution. we no longer think that it is j

nub ofink that is the the case, and that is mandel. in mandel, justice marshall has a sense that if you will take the briefest peek behind the reason the attorney general has given, you will see that is not really why they denied it. they really denied him because he was a communist and he wanted to come in and give lectures on communism. in the court said we are not would look behind, we are not articulate in any of that evidence, this is rational basis review. is it a legitimate purpose on its face and is it bona fide, visit their a rational religion to what the governor has done. -- the government has done. the court has said mandel is a national basis review. i think the benefit of that standard is the court recognized in mandel is it doesn't call on courts to make these sorts of determinations, the second-guessing of national security determinations if they are ill-equipped to do it. what thelipside is plaintiffs want in the washington case. they asked for every year of discovery and up to 30 depositions of white house official to

well: under mandel. in the washington case, they wanted a years worth of discovery and of to 30 depositions to inquire into what everyone who put this executive order together actually meant by it. , the court in mandel said we were not look behind judge marshall. >> i do understand that, but want to be sure i understand your answer to my question. if the president issued what was called a ban against muslims from the six countries with every national security was exactly the same otherwise in the order, you believe that would be constitutional? mr. well: to make sure i understand, it is in order that blocks only muslims from these listed countries and not all nationals? >> all nationals because he is worried about muslims. mr. well: it does not operate on the basis of religion, but the president makes more unequivocal statements than what we have here in the way he characterize an otherwise neutral law. i think under mandel, no, you would not look behind it, but you don't need to agree with me about tha

>> that is the nub of the case and that is mandel. mandel, justice marshall and defense said if you take even the briefest peek behind the reason the attorney general has given, you will see it is not really why they denied them. aey denied him because he was communist and he wanted to come in and give lectures on communism. the court said we're not going to look behind, this is national basis review. does it very national relationship to what the government has done? the benefit of that standard as the court recognized it as it doesn't call on courts to make these sorts of determination on the guessing of national security determinations. they've asked for a year of discovery and to 30 depositions to find out exactly what was the motives of the people framing the ceo. that of the road they said they clearly were not going to go down. bad faith the narrow exception, where you have an affirmative showing of bad faith. need the official capacity statements that were unequivocal to show that the president and members of cabinet were acti

they could have kept mandel out. >> before we leave mandel, can i ask one last question on this? there is that other line of cases. the court says, it must be exercised in a way consistent with the constitution. we do have to apply the constitution. if the constitutional doctrine imposes this test, we have one set of cases and then you have to apply the competition -- constitution. then we have your reading of mandel that says we cannot look at purpose. the constitutional role is that we cannot work with this purpose. this is all resolved very elegantly by the bona fide qualification in mandel. when the constitutional role that we are told to apply by cases like this -- mandel allows for a purpose inquiry under the bona fide formulation has construed in the controlling concurrence. what is wrong with my elegant solution? >> mandel has always been thought to apply to constitutional challenges, the of elite oftry elite at the border where no constitutional rights. there are some aliens that have some rights under the statute of the constitution. we no longer think that it is just m

i think it applies to the full scope as mandel. which is to say the challenges to exclusions of aliens abroad, whether they are the statute or executive order. governedas always those kinds of challenges. the differences they require at least some affirmative showing of bad faith. isn't just a wide-ranging inquiry to subjective motivation. >> if we conclude the district court applied the wrong standard, the government's position is this should be mandel. should we send it back to the mandelt court to apply and see if they can make an affirmative case? but i can send it back think plaintiffs haven't saw any additional discovery here. we know the statements were as a matter of fact. court was well placed the district court in the absence of the testimony -- not knowing which one below. are those enough to get us bad faith under den? i think it would be the same query in the district court as this court read >> there is no case like this, is there? >> in part because no one has ever attempted to satisfy the law that is neutral in oper

isfact, the mandel standard only to a visa. it is not specifically enumerated congressional policy. >> you read a little more into the case what i did. reading to you. >> i understand that, but they did not decide those questions. they decided based on due process. >> they reach the establishment cause and found a violation. for purposes of mandel, the government came before this court and said the standard that governs all of this case is neutral and bona fide. the court recited the standard back to them and said it does not apply. that is a square holding of this court. if i could, i would like to start with judge hawkins question about the establishment clause. you asked my president, has the president ever disavowed all of these statements, and i thought his answer was surprising that she could not point to any disavowal. masse amicusd en brief. we gave you chapter and verse what the president has said. they are both pre-and post and i duration, when he called for -- and -- inauguration, when he called for a shutdown of mus

in fact, the mandel standard applies only to issue or deny individual visa. present case is not about that application of a specifically enumerated. >> you read a little bit more into the case than i did. >> i'm just reading to you -- >> they didn't really decide those questions. >> they certainly decided on due process. i'm not saying that they reached the establishment cause and found a violation. i am saying, however, for purposes of handel, the government came before this court in washington versus trump and said the standard that governs all of this case is facially neutral and bona fide. this court recited that standard back to them and said it doesn't apply. that is a square holding of this court. if i could, i would like to start with judge headachins' question about the establishment clause. you asked my friend, mr. wall, has the president ever disavowed all of these statements. i thought his answer was surprising. he couldn't actually point to you any disavow. he just cited amicus briefs. there is no statement. we give you chapter and verse the thin

i can't imagine that the courts would say it survived the mandel standard. the point is just -- i think counsel here have implicitly recognized below that if some other president had done this without these statements, that this executive order would almost certainly be constitutional. and then what they're left with are the statements and they're saying, look, on its face, it's neutral. it doesn't operate on the basis of religion. we think the president made clear over time why he was really doing it and you should look behind it. that's a very different situation from coramatsu. i don't think they've pointed to a single case either under mandel that says we have a law that isn't religious gerry mandering. set aside what we believe the subjective motivations of the president or advisers who adopted and crafted the policy. that's a really remarkable holding, judge paez. >> is the bad faith determination under den the same thing as a purpose determination under lemon? >> i think it's a little different in the sense, judge hawkins. look, it's one sentence in t

jennifer hudson, from nbc's "great news", actor and comedian horatio sanz, showrunner of "veep", david mandelfeaturing the 8g band with mark guiliana. ♪ [ cheers and applause ] ladies and gentlemen, seth meyers. >> seth: good evening, everybody. i'm seth meyers. this is "late night." how is everybody doing tonight? [ cheers and applause ] great to hear. in that case, let's get to the news. according to the "new york times", president trump asked former fbi director james comey to shut down the investigation into former national security adviser michael flynn. and that comes on the heels of revelations that trump shared highly classified information with russian officials last week. you know, at this point, i'd give anything to return to the simpler days of the campaign. ah, yes, there you go. [ light laughter ] the days when the only thing he gave away was his autograph. [ laughter ] i just want to see you sign hats again, mr. president. re-sign that hat. you've got to re-sign. you have to resign. [ cheers and applause ] still a lot of hats out there you can get back to. national security adv

and that's mandel. right?n mandel, justice justice mars if you will take even the briefest peek behind the reason that the attorney general has given you will see that it's not really why they denied him. they really denied him because he was a communist and he wanted to give lectures on communism. the court said we are not going to look at any of the evidence. this is rational basis review. is it bona fide? does it bury rational to what the court has done. this court has said this rational basis review. i think the benefit of that standard is it doesn't call on courts to make these sorts of determinations that they are ill equipped to do. the flip side is what the plaintiffs want in the washington case. they asked for up to a year of discovery and up to 30 depositions to find out exactly what was in the heads and motives of the people framing this and that is the road that in mandel the supreme court clearly said it was not going to go down subject to the nary bad faith exception where you have an affirmative

mandel works with his patients' physicians before starting treatment.ichard hall has been doing treatments for the last seven months. >> i think ketamine is a miracle. >> reporter: his wife says it's changed their lives. >> i've seen it change his life in a more fulfilling way in many years. >> chris martinez, cbs news, los angeles. >> well, coming up after your log news on "cbs this morning," actress elisabeth moss stops by studio 57 with her new tv drama, "the handmade's tale." i'm anne-marie green. this is the "cbs morning news." mastering irresistibly smooth. the lindor truffle ...from the lindt master chocolatiers. hard outer shell...smooth, luscious center. unwrap. unwind. with the lindor truffle from the lindt master chocolatiers. whfight back fastts, with tums smoothies. it starts dissolving the instant it touches your tongue. and neutralizes stomach acid at the source. ♪ tum -tum -tum -tum smoothies! only from tums find fast relief behind the counter allergies with nasal congestion? with claritin-d. [ upbeat music ] strut past that aisle for th

josh mandel is running for senate in ohio again sharad round. a very traditional hard left democrat, josh mandel is jewish, young jewish, young permit to tourists in afghanistan, marine who looks like used wi-fi -- 25. when president obama won by two points to 2016 when president obama won ohio by nine points is 11-point. that is a seismic shift. a lot of that is not african-americans voted for president trump, but stayed home. josh mandel if he wants to win that seat and is a very hard worker. it's a funny story. he will live in cuyahoga county. he will knock on doors. if he could just as the african-american, not surprised, but convert the home run. >> a lot of places there are supertight markets were doing little boat yielded a strong. i guess it by a strategist, a bout us in ways. the point isn't to get 50-point but if you can save an outcome you could make the democratic victory impossible. but i think this sort of speaks to a point earlier. one of the things upset the status quo. it's been exactly what they wanted. everybody upstanding wil

supermodel tyra banks takes the reins of the show alongside regular simon cowell, heidi klum, and howie mandel. the show highlights some of the most talented people from across the country. and there's surprises ahead including a rather musically talented chicken. >>> also, dancing takes center stage with the premiere of "world of dance." jennifer lopez will judge teams and single dancers in everything from ballroom to hip-hop to clogging. dancers will compete for a million-dollar prize. watch "america's got talent" at 8:00 followed by "world of dance" at 10:00. then, of course, nbc10 news at 11:00. >> i look forward to that. i like the team idea. there can be singles and whole teams. >> fun. >>> now for more coming up on "nbc10 news today" -- >> jurors return to court to deliberate in the murder trial of a camden county father accused of killing his son. >>> fighting addiction. delaware begins a new effort to fight the growing opioid crisis and pave the way to recovery. >>> and the nbc10 shore tour continues. today we're live in margate where the bay hosts two popular pastimes during the summ

she takes the reins along with simon cowell, heidi klum, and howie mandel. expect surprises including a rather musically talented chicken. >> okay. >>> also tonight, dancing takes center stage with the premiere of "world of dance." jennifer lopez will judge teams and single dancers in everything from hip-hop to clogging. they'll compete for a million-dollar prize. watch at 8:00 followed by "world of dance" at 10:00 and nbc10 at 11:00. >> i'm looking forward to that. creative. >>> here's a look at stories we're working on for 5:00 a.m. -- >> tiger woods under arrest. the famous golfer speaks out about his dui charge. hear what he blames for his arrest. >>> and panic at a parade. horses at a memorial day event run out of control and straight into the crowd. >>> banning cameras. why taking pictures or videos inside pennsylvania courtrooms could soon leave you facing jail time. >>> and there are a few memorial day events happening in our area today. the burlington county freeholders sponsoring a service at veterans memorial park in burlington township at 11:30.

this candle will be lit by irene mandel.was born in czechoslovakia after being forced into a ghetto. irene and her family were deported to auschwitz where her mother and four of her siblings were gassed. irene and her sister were selected for forced labor. they survived a death march. amongand his mother were a group of hungarian jews, traded for trucks and other material in negotiations between adolf eichmann and rudolph kastner, a member of the jewish rescue committee. the group was diverted to bergen-belsen for six months and later they were able to get to switzerland. irene and manny volunteer at the museum. thank you. congressman, may i ask you to stand by the fifth candle. fifth candle will be lit by esther and harry. esther was sent from germany to england. her family was deported to a camp in france and later her parents were sent to auschwitz and killed. harry was born in berlin. kristalnacht, harry and his family fled berlin to antwerp. later fearing he would be selected for forced labor, harry moved the family to

i don't understand how you could twist mandel like this even moderate and liberal members of the supremeuble. i'm not sure where you go from here. if you can include political statements going back years and pick the ones you want -- >> pick the ones you want. ignore the ones you don't want. again, this isn't a court trying to figure out what the intent of legislation was by going to committees and listening to testimony. they're cherry picking what he says on the campaign trail when the guy contradicts himself five or six times after that. jonathan, if this isn't a 6-3 at the supreme court in e president's favor, i would just shocked. >> a lot of those justices have, in fact, taken the position of mandel in the past. they will have to shed a lot of precedential baggage in order to get where the circuit is going. fourth circuit is viewed as a conservative circuit, the most differential circuit on national security issues. so, this is a shot that came out of nowhere for the administration. they really fast tracked the fourth circuit because they thought they would be singing to the choir

i believe the saying guy does not deviate mandel -- more than you can handle but he will but with him and threw his strength to overcome. mary and i made the conscious choice to move on with their lives we owe it not only to ourselves with family and friends and those we have lost by having given the second chance that many do not get in for those who did not come home there have been many difficulties. i will not lie. has been a tough road the in the end it will all be worth it. we benefited from the kindness and generosity of many people and i have been the recipient of high-tech robotics equipment including the electric wheelchair that climb stairs and balancing on two wheels that i can stand at 6 feet also from the infinite hero foundation in with my exoskeleton weaken across the country doing things and never would trve thought possible talking to young kids about to the u.s. robotics andpossibl. hopefully planting that small seed in the mind of a child that will one dayadvanced change the world for help and paralysis. we successfully completed the fda trial that is now available

is all about, whether it was our conversation earlier with sean rushton or quoting economists like mandelith regard to past agreements to control fx volatility, think about it this way. for a variety of reasons, inflation in the traditional sense is low. wages and how much they've picked up over the last 10, 15 years, very low. yet the average person in this country, and the average person in europe, with euros in the wallet or average person in this country with dollars in the wallet, if their job gives them a 1%, 2%, 3% raise or takes 1%, 2%, 3% away, they notice. yet all the fluctuations we see in the value of any given piece of currency globally is really getting crazy, almost commoditized yet no one notices. business would be better off, productivity would be better off, capital investment would be better off if businesses could count on what liabilities lie ahead, what their tax rate is, what their health care costs are. don't we leave out the biggest piece? what's the money worth? you know, if you're a japanese car maker shipping cars to the u.s., if you're a u.s. manufacturer, shi

a mÁndele saludos a tods ustedes.ro, pude hablar con miss ecuador 2017 y con nuestro compaÑero cristiÁn benavides de telemundo 47 y esto me comentaron >>> esa vibraciÓn de la gente ecuatoriana, felices de estar aquÍ reunidos celebrando. por supuesto me han dado una bienvenida espectacular. ellos estÁn felices de ver a su miss ecuador aquÍ compartiendo con ellos y yo encantada de esta experiencia inolvidable. >>> es un orgullo estar con nuestra familia ecuatoriana tantos ecuatorianos que viven aquÍ en new york. esta ciudad tan linda. y disfurtar del orgullo de ser ecuatoriano, la comida y por supuesto, nosotros compartir aquÍ. asÍ que ya sabe seÑores, contentos lo que vimos ayer aquÍ, una vez mÁs gracias a toda nuestra audiencia y pasen bonito el dÍa de hoy. >>> un abrazo y un beso. >>> su majestad Ángel villa gÓmez (aplausos). >>> felicidades. >>> que linda la comunidad ecuatoriana y de todo estados unidos. >>> vamos a una pausa y estamos de vuelta aquÍ en un nuevo dia, en solo ♪ un nuevo dÍa, un nuevo dia♪. >>> famil

jennifer hudson, from nbc's "great news", actor and comedian horatio sanz, showrunner of "veep", david mandelctor james comey to shut down the investigation into former national security adviser michael flynn. and that comes on the heels of revelations that trump shared

james mandel accused donald trump of not listening to the final speech of the g7 summit that had been correction that he posted that trump only had his translater in the right ear a had only been retreated 40 times. it was actually 39 when i came on. that is the level of hypocrisy and sloppiness that creates these challenges for the media, and as long as they're going to throw around charges of watergate when they refuse to give that same level of reporting to fast and furious to gsa gone wild, to the have spending $6 million at disney world, what they are doing is they are allowing donald trump to do exactly what john said, call -- gregg: all right, don, one wonders what underlies all of this. is there such unabashed scorn and disdain and, indeed, in some quarters of the media visceral hatred of president trump donald trump that it is really, deeply coloring not only the stories they choose to cover, but the way they communicate those stories? >> well, journalists are human. we're all human and prone to the susceptibility of when we feel attacked, we respond in a certain way. but aga

the judges have more star power than anyone on stage, simon cowell, heidi klum, melanie b and howie mandel returning as judges but let's not forget the new host. nick cannon decided to leave his hosting duties and now supermodel tie rah banks takes over. >> harkens back to my talk show days to me. i'm having a good time. >> "america's got talent" premiers tonight at 8:00. >> oh, my goodness. >> followed by the premiere of "world of dance" features j. lo. >> puddles the clown. he does a version of "walk of fire." johnny cash. just google crown and johnny cash. it's awesome. >> i'll put that on the to-do list. >> going to be cool the next couple of days and inland areas start to warm up just in time for the weekend. >> all right. >> thanks very much, kari. >> that will do it for us right now. join us for our newscast at 5:00. have a great day. >>> stand by, everyone. we're live in five, four, three, two, one. >>> it is may. prom season is in full swing, and kit, get this, the big trend this year, something i think we're fans of. >> look at these outfits. this is unbelievable. teens are weari

under mandell whether or not a rational basis also in dershowitz article asked of willie sutton famousre the money is. you know, obviously what the president why did you pick six countries that is where the terrorists are. >> -- i don't understand this can you explain why it is that people are against the ban are using what the president said during the campaign calling it a muslim ban, against him an executive order that he signed as president months later? i don't get the legal rationale why something he said months earlier, could be used as the main case against him. >> the only answer i can come up with president trump, obama used in it 19 times, clinton used it 12 times. -- used it five, and -- reagan used it six. so it is nothing new it has been used over 30 times. but only because president trump is saying it and because -- >> dh when you say used it you maintain country specific bans. >> yes. >> but isn't justice supposed to be blind, and justice is available to you, and me regardless of what our beliefs are and we all get fair treatment under the law so is the fact of what don