Harvard law professor and Democratic defender of civil liberties, Alan Dershowitz states that travel ban 2.0 should be upheld. According to him, the judges focused too heavily on campaign rhetoric. They have essentially made a decision which was tailor made for Donald Trump.
“If Obama had issued the very same order with the very same words it would be constitutional. But if Trump issues it, it’s unconstitutional because he said some things about Muslims in the run-up of the campaign. Rudy Giuliani said some things and other people said some things. That’s not the way the law is supposed to operate.”
Dershowitz believes the Department of Justice has been smart in appealing to the 4th Circuit rather than the 9th. Thet 4th Circuit Court of Appeal is much more conservative. Here they will have a much better chance of the travel ban being upheld. In case the 4th Circuit Court of Appeal upheld the revised travel ban, it is quite likely the Supreme Court would also uphold it.
The New Travel Ban Is Constitutional
Dershowitz does not believe this is a Muslim ban and he is convinced it is fully constitutional and therefore should be upheld and probably will be.
“Focusing on a country like Iran, the greatest exporter of terrorism. Not only no vetting, it SENDS terrorists out in order to kill Americans. Iran has so much blood on its hands of Americans and American allies, that to exclude a country like Iran from the list would be absurd. And the lift, although for a different purpose, was originally designed by President Obama.
How can you say that the inclusion of the 6 countries on the list was motivated when Mr. Trump was candidate Trump. That’s just not good legal analysis.”
He predicts that the Supreme Court will uphold the major provisions of the travel ban if the case gets there.