Dershowitz: 9th Circuit Ruling ‘Not a Solid Decision’ – ‘Looks Like It’s Based More On Policy Than on Constitutionality’

On Thursday’s broadcast of MSNBC’s “Hardball,” Harvard Law Professor Emeritus Alan Dershowitz stated that the 9th Circuit Court of Appeals’ ruling against President Trump’s immigration order is “not a solid decision.” And “looks like it’s based more on policy than on constitutionality.”

Dershowitz said, “Look, this is not a solid decision. This is a decision that looks like it’s based more on policy than on constitutionality. There are many, many flaws.”

He added, “I think this court opinion will not ultimately be sustained by the Supreme Court. Take, for example, the argument that it’s an establishment of religion, because it favors Christians or other religious minorities. In 1944 we passed the War Refugee Act, which specifically was designed to rescue a hundred thousand Jews, and everybody knew the purpose was to rescue jews. That didn’t establish Judaism as the state religion of the United States. I think the establishment argument will fail in the Supreme Court. I think the standing arguments may fail in the Supreme Court.”

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