On Thursday February 9, 2017 the Ninth Circuit Court of Appeals ruled to uphold the blocking of President Trump’s executive order banning immigrants from seven Muslim-majority countries from entering the United States. In an interview immediate following the ruling on Fox News, senior judicial analyst Andrew Napolitano called the ruling “an intellectually dishonest piece of work.”
Judge Napolitano also stated during the interview,
”The statute specifically says the president on his own, by proclamation, meaning he doesn’t have to consult with anybody else, can make the decision. The decision to ban is not reviewable. Judges are incapable of second-guessing the president on it. For that reason, he may be thinking the Supreme Court is going to invalidate it.”
“I don’t know which way the Supreme Court is going to go and I don’t know which court he had in mind, but this is an intellectually dishonest piece of work 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.”
Also during the interview Napolitano called the Ninth Circuit Court of Appeals decision to question the threat that is posed to national security admitting migrants from the seven Muslim-majority countries “the kind of judicial second guessing – substituting the judicial mind for the presidential mind – that is impermissible in our system.”
To see Judge Andrew Napolitano interview on Fox News click here.
The 1952 statute that was signed into law allows the President to restrict or suspend the immigration of any class or classes of people into the United States for reasons of public health or national security.
This law clearly shows that President Trump had the authority to sign and enforce his executive order that bans immigrants from seven Muslim-majority countries from entering the United States. And the ruling by leftist liberal leaning Ninth Circuit Court of Appeals just shows how narrow minded their memory is. When Obama signed a law into act in 2015 called the Visa Waiver Program Improvement and Terrorist Travel Prevention Act it set the framework for President Trump’s executive order.