early within the scope of presidential authority under federal law the sole
prerequisite set forth in federal laws that the president find that the entry
of the covered aliens would be detrimental to the interests of the
United States the president has undoubtedly fulfilled that requirement
here says Chief Justice Roberts what does this say this decision by the
Supreme Court judge say about presidential authority and and its range
that it cannot be second-guessed by the courts it's a great question Sondra this
really goes to the heart of the difference between the majority and the
minority the the dissenters would question whether or not the president
had a basis for this decision and whether that basis was an animus against
Muslims the majority is ruling we will not question the president's basis
unless it is so irrational that nobody could accept it so if the president says
2+2 equals 22 the court is not bound by it but if the president says it is more
likely than not that harm will come to the country Oh harm will come to the
United States by the unbridled admission of people from these seven countries the
court is in no position to second-guess him because the court lacks the tools
with which the second-guess him and the president has enormous tools available
to him in the executive branch from which to come to that conclusion what do
the opponents do well Eric this is a preliminary ruling this is not the final
ruling by that by that I mean that somebody trying to enter the United
States in Brooklyn or trying to answer the United States and Honolulu from one
of those seven countries can still make an application to enter they can't claim
in that application that the travel ban is unconstitutional but they can claim
that it doesn't apply to them by demonstrating that they are not harmful
to the country and they will produce good when they come here that's for
trial courts to decide but whatever the trial courts do when
they hear those applications and trust me those applications will come the
trial courts are bound by the Supreme Court's ruling today which is that this
ban is in force and as lawful and is going to be enforced at all the entry
points starting this afternoon do you think that there was a hint that this
was eventually going to be the outcome of this judge back into summer when they
actually let travel ban 3.0 be fully implemented yes and it was that great
observation said where it was the same five to four vote that allowed it to be
implemented at the time look there's not going to be any change at the port of
entry as a result of the Supreme Court decision today except that the
procedures will be permanent the the immigration people won't be walking on
eggs wondering if they're going to lose their their authority this Authority is
now permanent as long as Donald Trump as president or unless he decides to
rescind it he may very well call up kim jongwan and say I'm taking you off the
list well that would change some things if
anybody's allowed to leave North Korea and come here because the president
wrote this executive order he can modify it or unright it however he wants but
unless changed by this president or a successor it remains the law of the land
does this give him the president expanded powers over this issue that he
could expand this disorder and to involve other countries or other issues
yes yes the president could amend this order and include Mexico if he wanted to
now again he would have to make findings that people coming from Mexico are
harmful to the national security of the United States but the Supreme Court has
said if the findings are rational we will not second-guess them as long as I
can I use my silly example as long as he doesn't say two plus two equals twenty
two we are not going to second-guess the president no matter what his political
rhetoric is so this opinion may very well give some poof if you will do
Donald Trump the president to help resolve the problems that we've all been
ringing all hands over at the United States Mexico border in the past two
weeks fair to say judge that this is the first significant legal test of
this administration's policies in power it's the first significant test of this
administration's legal policies and power with respect to immigration
absolutely and it's a wringing uncompromising endorsement of the
choices the legal and constitutional choices made by President Donald Trump
all right judge we're just learning that the remaining two opinions will be
released tomorrow the court now is recessed for now so that is the big
bombshell today that the President of the United States reacted to it by
saying simply Wow all right Judge Andrew Napolitano thank you for jumping on this
breaking news for us pleasure so the Supreme Court has upheld the Trump
travel ban travel ban 3.0 as it has been called of Chief Justice Roberts writing
that the in the majority opinion the proclamation is squarely within the
scope of presidential authority under federal law reject rejecting claims of
discrimination in that travel ban we will have more on this coming up at the
top of the hour join us for a new hour are you is the top of the hour and we
have a Fox News Alert for you a big victory for the Trump administration the
Supreme Court upholding the president's travel ban welcome to a brand new hour
of America's newsroom I'm Sandra Smith why had a busy morning this morning
Sandra hello everyone I'm owner Shaun infield bill hemmer you know it was a
five-to-four decision the justices endorsing the president's authority to
regulate immigration upholding selective travel restrictions into our country
from several mostly Muslim nations Jessie bream is live at the Supreme
Court for us Shannon a big morning there the latest and has been and for right
now this is a celebration for the White House and for the Trump administration
because the 5-4 decision for now is in their favor the Chief Justice writing
for the majority says this by its plain language the federal law the immigration
law here grants the president broad discretion to suspend the entry of
aliens into the United States the president lawfully exercised that
discretion based on findings following a worldwide multi-agency
that entry of the covered aliens would be detrimental to the national interest
there were a number of agencies including homeland security in the State
Department that tried to work with countries around the globe and said
listen if you could provide us the specific information that we have
confidence that people have been vetted from your country before they come to
ours if you can't keep up with those vetting requirements or choose not to
you're going to be on the list of those who are banned now some countries have
actually worked their way off the list but many remain on that list and today
in a 5-4 decision the court found that for now that is the right decision and
this is going to be sent back down to the lower court there's going to be more
legal procedure happening with that but with now the force and the thrust of the
Supreme Court precedent acting and talking about what the president's
powers are in the executive branch there was a lot of argument about whether or
not the president's comments during the campaign and after his election should
be factored in the plaintiff cited numerous things we talked about a Muslim
ban or shutting down the borders this is what the Chief Justice wrote he said the
proclamation is expressly premise on legitimate purposes preventing entry of
nationals who cannot be adequately vetted and inducing other nations to
improve their practices the text says nothing about religion he says yes there
are some heavily Muslim dominant countries that are included but that
fact alone does not support an inference of religious hostility given that the
policy covers just 8% of the world's Muslim population and is limited to
countries that were previously designated by Congress not this
administration or prior administrations as opposing national security risks as
you would imagine there were two very scathing dissents I would say the most
heated came from justice Sotomayor who thinks this court got it totally wrong
by ignoring what the President had to say outside the text of this
proclamation she writes in her dissent the United States of America is a nation
built upon the promise of religious liberty our founders honored that core
promise by embedding the principle of religious neutrality in the First
Amendment the court's decision today fails to safeguard that fundamental
principle it leaves undisturbed a policy first
advertised openly and unequivocally in she quotes here as a quote total and
complete shutdown of Muslims entering the United States because the policy now
she says a masquerades behind a facade of national
concerns so for now the ban is upheld that this Court finds five to four that
the president was within his authority based on the text of immigration laws
the text of this travel ban he's done the right thing but now it goes back to
the lower court reversing their decision and telling them now to re well to
thoroughly decide this case on the merits now based on this guidance that
they've gotten from the Supreme Court so it's possible the case ends up back here
but now it goes back to the lower court it's a win today for the white house as
they celebrate and Shannon quickly as far as any further decisions coming down
not today tomorrow though and a day extension in the term yeah we have
another day coming either Wednesday or Thursday and we're gonna get that big
union dues case we've been watching whether public sector employees can be
forced to join a union or forced to pay fees to a union whose political message
they don't agree with could impact millions of people across the country so
it's a big decision that will have a huge impact on unions in this country
we'll get it tomorrow or Thursday and we'll look forward to that meanwhile all
about the travel ban shannon bream outside of the Supreme Court thank you
Anna Shannon just said a big win for the white house and that is where John
Roberts is live in the North Lawn with reaction from the president Johnny had
one succinct specific word in his reaction to this decision
yeah Eric good morning to you the president clearly happy at least in the
initial read of the Supreme Court decision tweeting out a short time ago
Supreme Court upholds Trump travel ban Wow
exclamation mark the White House continues to read through this decision
though because it needs to figure out exactly what this means particularly the
part the part about it being remanded back to the lower courts that have been
the Ninth Circuit and the Fourth Circuit and so the White House does not know
what the ultimate outcome of this is but on the surface at least the fact that
the majority in the Supreme Court has thrown its support behind the
president's authority to enact a travel ban based on national security purposes
is a big win for the White House now the president all along had said that he
thought that the first travel ban should never have been rescinded of course this
is the third iteration of that the first one was attacked in the courts quite
roundly after it was first released but the president always maintained that he
didn't like this didn't like the third one he thought
that the first one should have should have held and I wouldn't expect that the
president will go back to that first one but certainly you know he will probably
stick by his guns that I do have the authority to initiate a ban like this
and therefore that one probably should have stood all along it is important to
point out that while the Supreme Court found that this was not a quote Muslim
ban this was simply a ban of individuals from certain countries that couldn't be
vetted properly Eric the president did on several occasions at least during the
political campaign the presidential campaign say that there was a need for a
Muslim ban so we're expecting a statement from the White House soon
again the White House counsel's office the president through the communications
shop all just reading through this to see exactly what it means but we should
have a statement from them shortly Eric and John do we know one will have more
than a statement will exceed from the President himself and get his reaction
does he have a photo opportunity or an event for the media today there are a
couple of events on the calendar right now in a Medal of Honor ceremony this
afternoon it's not likely that he would say anything about it during the Medal
of Honor ceremony but the first two events are closed but I would expect
that they'll probably open one of those up to the pool particularly based on
this ruling from the Supreme Court and we happen to be the pool network today
so if the president's got something to say I'll be there in person to hear it
all right and we'll bring it to you live to our viewers of course live when the
president reacts personally to this ruling
thank you John Thanks joining us now is Georgia Republican congressman Doug
Collins a member of the House Judiciary Committee and vice chair of the House
GOP conference congressman good morning and and thanks for coming on the program
and we have you on minutes after this travel ban a ruling came down your
thoughts my thought is is the Supreme Court did what they should do and that
was if the President does have the authority he had the latitude to look in
the national security and best interest of our country they'd followed the law
instead of activist courts or judges who decided to make up their own law when
they said nothing about the previous administration many times doing things
by executive yeah they said this is proper in this regard and I think the
sprinkler ruling here how do you think that this
decision is going to play out in the in the broader context of the immigration
debate that is happening in this country right now well I think it wanted
confirms that that the problem the president did what he thought was right
and they have confirmed that and they've sent it back to the lower court to
interpret it under the Supreme Court's ruling on presidential authority which
is a good thing but I think it also brings to highlight
that we need to actually solve the problem of immigration that we have
going on in our country and we need to make sure it's done in a proper way with
security with compassion with the things that the president the four pillars that
he's talked about many times and I think he is the one that actually has said
let's solve this problem and he's made it very clear that this is not a
political issue we've got to move beyond the political issue at the Democrats
seem to like to have and say what can we do to actually solve this problem so
that we have good safe legal immigration of which we're the most generous in the
world considering the headlines right now or that this is a big win for the
Trump administration congressman how will this play out politically how will
this affect a you know the way the administration decides to move forward
with us well I think they'll be continued to decide to move forward in
the way that they have especially on the travel ban I think they'll continue that
process looking at it from the national security interest but I think it's also
going to give impetus I think maybe hope on Capitol Hill to deal with immigration
to deal with the other issues that have been involved in he's been very
outspoken about this this president wants to solve it but he's only do it
the right way the president is not willing to do a half-hearted attempt
it's something that he doesn't believe him he's going to get behind it we're
looking to do that in the house we're looking to hopefully get the Senate on
board of this but we do need to solve it's American people need stability on
both sides of the aisle we need to solve this issue and quit the political games
of making sure that our borders are secure that we're having a verifiable
system inside for businesses to actually hire people and have our economy take
care of but also keeping those out that do not need to be here when you keep
crossing illegally yeah this is obviously the first big
Supreme Court decision to come in on this administration's policies so
considering it is being viewed as a win the five-to-four opinion this was
written by Chief Justice John Roberts it found that this restriction this travel
ban fell squarely within the president's authority obviously this is going to be
talked about in the context of what the president's Authority is when it comes
to immigration how do you feel about that well I think it's it follows the
law in many cases here what we got to understand is the president is the chief
executive officer when it comes in especially his number one for mode
opinion is to actually take care of the national security interest that was
where this issue was framed he framed it as a national security interest he
framed it as a need to make sure people are properly vetted coming from places
in the world that do not like us there are people all around the world who hate
us simply because we are free they don't know closely we want to come here
legally the ones who want to come to find fun we need to find places for them
but the president said those of you who want to do us harm we're gonna make sure
we have the proper vetting in place to make this happen and the Supreme Court
upheld that saying this - chief the commander in chief has the national
security responsibilities clearly in his wheelhouse
yes Sotomayor the Supreme Court justice as she found she was a dissenter in this
she said a reasonable observer would conclude that the proclamation was
motivated by anti-muslim animus and she was joined in dissent by Justice Ruth
Bader Ginsburg they did not mince words and their dissent of this ruling well I
think the problem is as I was in law school you actually dealt with words on
paper not emotions and feelings that you saw that maybe came out from somewhere
that they're implying words on paper matter in this town and it shouldn't
matter across the country the ban it was put out you know executive order form it
said what it needed to say and it said it in the proper context of executive
authority I think for them to come back and want to take in the opinions of
others and what they think may or may not have taken it into account is again
judicial bias in many ways to say this is what we
would have preferred but when they come to the law maybe they should go back and
remember what they actually learned or taught in law school but you actually
look at the letter of law well we got the White House reaction to this a short
time ago a simple seven word tweet by President Trump himself Supreme Court
upholds Trump travel ban Wow says the president congressman thank you good to
have you on this morning and get your reaction to this breaking news great to
be with you take care thank you all right Sandra we'll have much more on
what is seen as a major victory a legal victory by the Trump administration in
just a moment as the Supreme Court upholds the travel ban five to four in a
moment law professor Jonathan Turley will be here to give us his take on this
historic ruling
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