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On Thursday’s broadcast of the Fox News Channel’s “Tucker Carlson Tonight,” columnist Charles Krauthammer argued that the 9th Circuit Court of Appeals’ ruling against President Trump’s immigration order was “a disgraceful conclusion, because what they did, is they substituted their judgment, as to what constitutes a threat to American security for the president’s.”
Krauthammer said, “I think this is a disgraceful conclusion, because what they did, is they substituted their judgment, as to what constitutes a threat to American security for the president’s. Now we were all interested in what they think, but that is irrelevant to the case. The case was, does the president have the authority to do it? And if he does, it’s his judgment to make. And that’s the plain reading of the law. It’s he plain understanding of the Constitution. I think the policy was unwise, but that’s irrelevant. I think it’s very clearly legal.”
He added that the order’s chances at the Supreme Court isn’t a “slam dunk,” and could end up a 4-4 where the 9th Circuit’s ruling is upheld.
Krauthammer further stated that he thought the government’s arguments in front of the court were “exceedingly weak.” And the administration wasn’t prepared to defend the case in court.