The rejection of President Donald Trump's demand that his immigration ban be reinstated was "precisely the wrong thing" for the U.S. Court of Appeals for the 9th Circuit to do, Fox News senior judicial analyst Andrew Napolitano says.
"The decision to ban is not reviewable … This is an intellectually dishonest piece of work that the 9th Circuit has produced," the former New Jersey Superior Court Judge said Thursday night.
"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."
On Thursday, the 9th Circuit rejected Trump's request to resume the travel ban by a 3-0 vote. The commander in chief says he will take the case to the U.S. Supreme Court.
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