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It was unconstitutional, she argued, for states to ban “evidence-based treatments supported by the overwhelming consensus of the medical community.”

A previous law permitting such trials was ruled unconstitutional by the Supreme Court in January.

“Threatening to use our own troops on our own citizens at such scale is unprecedented, it is unconstitutional, and it is downright un-American.”

A federal court in New Jersey found late last month that Khalil would probably succeed in his case against the administration, saying the justification for his detention was "likely unconstitutional."

The ban was amended twice to overcome court challenges, after opponents argued it was unconstitutional and illegal because it discriminated against travellers based on their religion.