George Washington University law professor Jonathan Turley exhibits a characteristic that the Obama nominees to the Supreme Court do not possess as sitting justices, the ability to be objective and remove his personal feelings from legal deliberations.
He gave his opinion to the extremely liberal and anti-Trump Indian import Fareed Zakaria on CNN, saying he believes federal courts are not likely to overturn President Trump’s immigration travel ban.
Turley first addressed the stay issued by Judge Donnelly, saying, “I don’t think that the stay was necessarily a rebuke of the administration. She essentially froze the action of the parties in this case because she believed there would be irreparable damage unless she did so, so she had a chance to look at the merits.”
Turley said, “The law does favor President Trump in this regard.” I don’t like this order. I think it’s a terrible mistake but that doesn’t go into the legal analysis. The Court has been extremely deferential to presidents on the border. In fact, ‘president’ Obama just last year was telling the court that courts shouldn’t be second guessing the decisions based upon national security or immigration from the president.”
“In 1882 you had the really infamous Chinese exclusion act, which was upheld.” Turley says, “And then you have things like Section 1182 of the federal law that gives sweeping authority to the president to withhold either individual aliens or groups of aliens. All of that works to the advantage of President Trump.”
Professor Turley says, “What is not going to happen, I don’t think is that I do not believe a federal court will view this as a Muslim ban. I don’t think the Court can. Regardless of what the Court may think of President Trump’s motivations, the fact that other Muslim countries are not included is going to move that off the table. And what’s going to be left is whether the President has this type of authority. Historically courts have said that he does.”
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