Krauthammer: Stay on Trump EO Had ‘No Reasoning’ – Case for EO Strong Enough I Wonder if a Liberal Justice Will Rule for It

On Monday’s broadcast of the Fox News Channel’s “Special Report,” columnist Charles Krauthammer argued that the case for the constitutionality of President Trump’s immigration order “is so strong that I wonder whether or not one of the four liberal justices on the Supreme Court would not rule for Trump.” And that the judge who issued a temporary stay on the order “gave no reasoning. He made simply a statement of its illegality.”

Krauthammer said, [relevant remarks begin around 5:05] “I would say, the case for the legality and the constitutionality of the order is so strong that I wonder whether or not one of the four liberal justices on the Supreme Court would not rule for Trump. Again, this is saying nothing about the wisdom of the policy, but in the ruling from the District Court judge who issued the temporary stay, he simply asserted — what you have to determine if you’re going to stay an executive order, is to say there was a good chance that it would be — the stay would be upheld, because the order’s illegal. The judge gave no reasoning. He made simply a statement of its illegality. You wonder how they’re going to look at that in the 9th Circuit, but there is nothing there, and it’s very hard to make that case. So, I think in the end, the legality of it will probably end up being upheld. The wisdom, I think is still a major issue.”

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