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Alan Dershowitz: The court’s ruling means if Obama had issued same travel ban, it would’ve been upheld

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It doesn’t help the left’s cause that widely respected Harvard Law professor Alan Dershowitz effectively sides with President Donald Trump over the legal challenge to the president’s travel ban.

…which is NOT a Muslim ban, according to the legal scholar.

Dershowitz said during an appearance Saturday on “Fox & Friends” that if former President Barack Obama had issued the same executive order, the courts would not have intervened.

“If Obama had issued the very same order with the same words it would be constitutional, but if Trump issues it it’s unconstitutional,” he said.

Dershowitz said it’s because the courts are focusing “heavily on campaign rhetoric.”

“That’s not the way the law is supposed to operate,” he said.

But Dershowitz noted that the Trump Justice Department is getting smart in their response to the judicial overreach.

“They are appealing this not to the Ninth Circuit where they are likely to get an adverse ruling. They are appealing it to the Fourth Circuit,” Dershowitz said. “The Fourth Circuit is a much more conservative court. And much more likely to uphold the travel ban, and then if the case goes to the Supreme Court and ties four to four, Trump wins.”

He said the initial review “wasn’t constitutional analysis. It was psychoanalysis.”

“I have never heard of a case where the rhetoric of a candidate, ambiguous rhetoric to be sure — because I do not believe this is a Muslim ban —focusing on a country like Iran, the greatest exporter of terrorism, not only no vetting, it sends terrorists out in order to kill Americans,” the liberal law professor said. “Iran has so much blood on its hands of Americans and American allies, to exclude a country like Iran from the list would be absurd.”

After noting that the list of countries included in the executive order was originally designed by Obama, Dershowitz was confident Trump will ultimately prevail.

“I’m putting my reputation on the line—I predict the case gets to the Supreme Court, the Supreme Court will uphold the major provisions of this ban,” he said.

Tom Tillison


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