President Donald Trump lost his appeal with the Ninth Circuit Court of Appeals on Thursday, which should surprise no one who knows the reputation of activism there. The judges appointed to that jurisdiction are notoriously liberal and interpret the Constitution as a “living, breathing document.”
In other words, they are judges who legislate from the bench. They will be the losers as the so-called “Muslim ban,” as it is called by the Trump-hating media, goes directly to the Supreme Court. None other than ultra-liberal Harvard Law Professor Alan Dershowitz agrees.
Dershowitz, appearing Wednesday on Newsmax TV said, “I do not believe that this order constitutes a violation of the establishment clause of the Constitution. The fact that they picked seven Muslim states, those are the states that have high levels of terrorism,” he told Newsmax Prime host J.D. Hayworth.
The Professor Emeritus added, “We’re talking about Islamic terrorism. When you focus on real victims or real perpetrators, and the impact is heavily on one particular religion, that doesn’t create a constitutional problem. So, I think that the Trump administration will ultimately win on that issue, at least as it relates to people who have never been in the United States.”
Trump’s appeal was doomed to failure as the three-judge appeals venue included two liberal Democrats. As Dershowitz put it, “They got a bad deal when they got two Democrats. They might as easily have gotten three Republicans. The case will go to the Supreme Court. It may split 4-4, and that will be interesting, because we also have a case in Massachusetts where you have a liberal judge who went in favor of the Trump administration, even though generally he’s regarded as quite liberal in his views.”
Meanwhile, the angry left still in disbelief they lost the presidential election, is willing to risk the nation’s national security in favor of political correctness to their shrinking-by-the-day constituency of Trump-haters. It is up to the American people to decide if the ultra-left can continue acting like they are a majority including their media-friendly partners.
