According to senior judicial analyst Andrew Napolitano, the 9th Circuit Court of Appeals’ decision to reject Trump’s temporary travel ban was “profoundly wrong.”
On Thursday night, following the decision, Napolitano explained this massive error to Fox News’ viewers.
“This is an intellectually dishonest piece of work that the 9th Circuit has produced tonight, because it essentially consists of substituting the judgment of three judges for the President of the United States, when the Constitution unambiguously gives this area of jurisdiction — foreign policy — exclusively to the president. That’s why this is so profoundly wrong.”
The 9th Circuit court decided in a 3-0 vote to reject Trump’s travel ban, ultimately leaving the final decision up to the Supreme Court.
It is expected to be some time before any conclusion is reached because Supreme Court nominee Neil Gorsuch still has to go through a confirmation process.
“We hold that the government has not shown a likelihood of success on the merits of its appeal, nor has it shown that failure to enter a stay would cause irreparable injury, and we, therefore, deny its emergency motion for a stay,” the Court stated.
Judge William C. Canby Jr., a Jimmy Carter appointee; Judge Richard R. Clifton, a George W. Bush appointee; and Judge Michelle T. Friedland, a Barack Obama appointee, were behind the 3-0 vote on Thursday.
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