see you in court, the security of our nation is at stake. what court is he talking about? it s up to his lawyers. the question is will they go to an on bank panel of the ninth circuit which means 11 judges of the court or go directly to the united states supreme court which will involve going first to justice anthony kennedy, who supervises the circuit and he could decide himself. but in high-profile cases, the judge who is representative for the circuit almost s refers it to the full supreme court. the justice kennedy and other seven justices will decide whether to uphold the stay or reject it. which do you think would be a better strategy for donald trump s, the president of the united states, perspective? i think the supreme court. i think the 11th circuit is
has an even number of justices affirm the lower court ruling. they don t establish a national precedent the way a supreme court opinion with five justices establishes a national precedent. but if this ruling, today s ruling, upholding the stay is appealed to the supreme court and the court splits 4-4, the stay will remain in effect. i don t want to complicate this. but remember, there are other challenges to the trump executive order in many other juicer dictions in the united states. so those cases are going to start building through the system. i think the supreme court will have to address this sooner rather than later. given the magazinitude of the ruling, the supreme court is going to get this case at some
but the stakes clearly for the us and for so many people around the world are norm us right now. they are enormous. as we deal with both security risks and realizing who we are as a nation of open immigration and a nation that s very aggressive on this. president obama slowed down those refugees coming and did a short-term stop for the immigration from some of these areas because we wanted to make sure we got it right. i understand the president trump wanting to check the obama administration and see the vetting. it s understanding, it s reasonable for the president. other presidents have done it and now we ll have a court getting a chance to examine it. one option is that they prevent the president s travel ban from going forward and it s basically status quo. the other option is they reverse that and they let the president s travel ban go into effect and individuals from the seven mostly muslim countries will no longer be allowed to come into the united states at
will refer that request to the full court, the eight current justices. but the trump administration now has to make a decision, do they go to the supreme court and try to get this decision reversed or do they go to the district court for more extensive proceedings and try to get the order reversed there. either way, trump administration has lost dramatically and completely and they re going to have to decide what to do now. jeffrey, just to be precise, if it were to go to the u.s. supreme court right now there are only eight justices on the u.s. supreme court four appointed by democratic presidents, four appointed by republican presidents and we don t know what the jut come of their decision would be. if it s 4-4, this lower court, this ninth circuit court of appeals decision would remain in effect, is that right? that s exactly right,ful would. tie rulings in when the court
moment for our nation that no branch of government can operate in a vacuum, that we have checks and balances. quite frankly, on immigration policy, congress should have acted. it didn t. it leads to the president taking action but his action is limited under the constitution as we saw today by this court ruling. i m disappointed that he used that tweet to say, look, we ll see you in court. it s demeaning to the constitutional system of checks and balances. the state department the other day said 60,000 people who had valid visas to come to the united states, they were impacted if the travel ban had gone into effect. i assume all of those people right now if they have a valid visa, they will be allowed into the country. our normal system will now come back. these people have been vetted in order to get the visa, they are eligible to come into the united states and they ll be permitted to come into the united states. they ve gone through screenings and will continue to do that.