The city's effort undoubtedly will be challenged on statutory grounds as well.

In the end, however, the court may not reach the constitutional issue, instead deciding the case on statutory grounds.

Four other justices avoided the constitutional question altogether and struck down the program on statutory grounds.

The new legislation would eliminate the statutory grounds for this case.

Therefore, she said, "the resolution of this case on statutory grounds makes it unnecessary to reach the constitutional issue."

Those opinions were reversed by the Supreme Court, but on statutory grounds rather than constitutional ones.

Most of the 33 statutory grounds for ineligibility have been routinely waived for visitors since the 1960's.

"There are statutory and constitutional grounds that permit us to go forward," he said.

Passports are also regulated by the prerogative, although there are statutory grounds.

If we rule solely on statutory grounds, Congress retains the power to force the constitutional question by legislating more explicitly.