...Baher Azmy, lead counsel in a lawsuit brought on behalf of Muslims plaintiffs in New Jersey who are suing the NYPD over the surveillance program, said that even if Trump wanted to resurrect the program, he could not do so after a federal appeals court ruled last year that the program was discriminatory.
In its ruling that allowed the lawsuit to move forward, the three-judge panel of the 3rd U.S. Circuit Court of Appeals in Philadelphia said: “We have been down similar roads before. Jewish-Americans during the Red Scare, African-Americans during the Civil Rights Movement, and Japanese-Americans during World War II are examples that readily spring to mind.
“We are left to wonder why we cannot see with foresight what we see so clearly with hindsight — that ‘loyalty is a matter of the heart and mind, not race, creed or color.’”
The suit is still active in federal court in Newark. ...