The appellate court’s reasoning was “intellectually dishonest.”
The Court of Appeals for the Ninth Judicial Circuit upheld a District Court’s order temporarily restraining the Trump administration from implementing its executive order halting immigration from seven war-torn Middle Eastern countries.
Clip via Fox News Channel
Fox News chief judicial analyst Judge Andrew Napolitano told Chris Wallace on “Special Report” Thursday that the three-judge panel’s reasoning on reviewing matters of foreign policy was “precisely the wrong thing for the court to do.”
He explained during the telephone interview that the Constitution gives the executive branch of government exclusive control over foreign policy matters, with the legislative branch assuming a subordinate role in treaty ratification and confirming ambassadors.
Supplementing his constitutional powers, Congress has given the president additional tools.
“One of the tools is the statute that [Trump] read yesterday … which was exercised by President [Jimmy] Carter and President [Barack] Obama,” he said.
“The decision to ban is not reviewable,” Napolitano said. “This is an intellectually dishonest piece of work that the Ninth Circuit has produced tonight, because it essentially consists of substituting the judgment of three judges for the president of the United States, when the Constitution unambiguously gives this area of jurisdiction – foreign policy – exclusively to the president.”
“That’s why this is so profoundly wrong.”
Napolitano added that “a highly-politicized court of appeals … assumed the powers of the presidency by second-guessing him and overruling him.”
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