clear rebuke of this executive order. the judges questioned the constitutionality. they questioned whether or not there were threats around the world that could justify this order. it's as if part of this ruling was written by former secretaries of state john kerry and madeleine albright. they themselves wrote a declaration to this court saying they were not aware of a specific threat that could justify this kind of executive order. from here this is likely headed to the supreme court. but given the clear ideological split on the court where you might see a 4-4 ruling, what happened here at the 9th circuit will most likely stand. >> dan simon in san francisco. let's break down some of the legal elements of this decision and areva martin civil rights attorney and cnn legal analyst joins us. this ruling was just on the suspended travel ban, whether or not it should stay in place. they ruled it should. the three judges did not shy away from some of the bigger constitutional issues here. >> yeah, the junction made it very clear that they doubted