The epic showdown over presidential power and American identity

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(CNN)The obstacle to President Donald Trump's refugee order has actually intensified towards an impressive face-off over governmental power, judicial authority and American identity.

By their concerns in a hearing Tuesday, 3 United States appeals court judges made plain that even at this early procedural phase they are worried about the administration's possible targeting of Muslims together with possible dangers to nationwide security.

The judges of the Ninth Circuit Court of Appeals likewise revealed worry with how rapidly they were being pushed to think about looming predicaments of refugee policy without any lower court hearings yet on both sides' proof.

Since considered an outright violation on civil liberties and among the high court's worst choices ever, Korematsu typically emerges at judicial verification hearings.

During Chief Justice John Roberts' 2005 verification hearings, Sen. Patrick Leahy, a Vermont Democrat, asked whether Roberts would be a "Korematsu justice" and enable people to be targeted based upon citizenship or religious beliefs.

Roberts reacted that the federal government was not likely to resort ever once again to such internment camps, yet likewise stressed the requirement for constitutional watchfulness when nationwide security is under hazard.

Roberts informed senators he was advised of a judicial slogan tracing to the 1807 treason trial of Aaron Burr, that a judge's commitment even in harmful times is "calmly to poise the scales of justice."

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