Dershowitz: Courts Psychoanalyzing Trump — If Obama Issued Travel Ban, It Would Be Constitutional


Saturday on Fox News Channel’s “Fox & Friends,” while discussing federal courts in Hawaii and Maryland halting President Donald Trump’s new restrictions on travelers from majority-Muslim countries, Harvard Law professor Alan Dershowitz said if Trump’s predecessor former President Barack Obama had issued the same order, the courts would not have intervened on the constitutionality of the executive order. “The idea of focusing so heavily on campaign rhetoric and essentially saying, look, if Obama had issued the very same order with the same words it would be constitutional, but if Trump issues it, it’s unconstitutional because he said some things about Muslims in the run-up to the campaign,” he said. Dershowitz continued, “That’s not the way the law is supposed to operate. And finally, the Trump Justice Department is getting smart. They are appealing this not to the Ninth Circuit where they are likely to get an adverse ruling. They are appealing it to the Fourth Circuit. The Fourth Circuit is a much more conservative court. And much more likely to uphold the travel ban, and then if the case goes to the Supreme Court and ties four to four, Trump wins.” He added, “I actually said that this wasn’t constitutional

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