Charles Krauthammer said the 9th U.S. Circuit Court of Appeals decision to uphold the block on President Donald Trump’s executive order was “disgraceful,” but it’s not likely to be overturned.
The ruling by three federal appeals judges means Trump’s refugee and immigration ban cannot go into effect without further litigation. Travel ban
“They substituted their judgment as to what constitutes a threat to American security for the president’s,” Krauthammer said. “The case was: Does the president have the authority to do it? And if he does, it’s his judgment to make.” travel ban
He said that Trump’s order was legal, but it was ruled against because the 9th Circuit Court of Appeals is the “most left-wing, overturned” court in the country.
“Considering that Trump does not like to lose, I think he may want to go to the Supreme Court,” Krauthammer said, noting that might not be the best course of action.”This is no slam dunk.”
He explained that Trump would have a much better chance if the Supreme Court had nine justices, but without Judge Neil Gorsuch being confirmed, the administration’s chances of success are “dicey.”
“If the High Court splits 4-4, then the ruling of the 9th Circuit – the one we got tonight – stands, and the president loses.”