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>> THE SUPREME COURT RULING WAS
A TREMENDOUS VICTORY FOR OUR
COUNTRY.
WE HAVE TO BE TOUGH AND WE HAVE
TO BE SAFE AND WE HAVE TO BE
SECURED.
>> THIS IS A MORAL MOMENT FOR
OUR NATION.
A PRESIDENT WHO OPENLY WANTS TO
PUT A RELIGIOUS TEST ON
CITIZENSHIP.
>> THIS IS NOT A RELIGIOUS MAN
AND YOU'RE PICKING UP COUNTRIES
WITH HIGH THREAT LEVELS WITH
POOR VETTING PROCESS, SO IT
MAKES SENSE AND I THINK THIS
MAKES IT NICE AND SAFER.
>> Bret: TODAY THE
SUPREME COURT HANDING
PRESIDENT TRUMP IN HIS
ADMINISTRATION A BIG WON
MAJORITY THERE AND THE
DISSENTING.
THE OPINION ON THE MAJORITY
PRESIDENTIAL AUTHORITY UNDER
ATTEMPTS ANY SERIOUS ARGUMENTS
TO THE CONTRARY."
DOES LITTLE TO CLEANSE
PRESIDENTIAL PROCLAMATION NUMBER
9645 OF THE APPEARANCE OF
DISCRIMINATION THAT THE
PRESIDENT'S WORDS HAVE CREATED.
WOULD CONCLUDE THAT THE
PROCLAMATION WAS MOTIVATED BY
ANTI-MUSLIM ANIMUS."
AND WITH THAT LET'S BRING IN OUR
PANEL.
BYRON YORK, CHIEF POLITICAL
CORRESPONDENT OF THE
"WASHINGTON EXAMINER" ."
MOLLIE HEMINGWAY, SENIOR EDITOR
AT THE FEDERALIST AND CHARLES
SIGNIFICANT RULING TODAY?
>> IT WAS.
THIS WAS ALL WE WERE TALKING
SHOULD HAVE BEEN A SLAM DUNK FOR
WHITE HOUSE AND THE FACT THAT IT
IS NOT -- IT WAS NOT IS REALLY
AMAZING.
OF THE PRESIDENT'S
CONSTITUTIONAL POWERS AND THE
BIGGEST ARGUMENT AGAINST IT WAS
THAT EVEN THOUGH IT WAS A
LEGITIMATE PRESIDENTIAL POWER,
THAT THIS PRESIDENT DONALD TRUMP
HAD EXERCISED IT WITH IMPURE
MOTIVE AND YOU HAD A SITUATION
IN WHICH AN EXECUTIVE ORDER WORD
FOR WORD IF SIGNED BY ANOTHER
WAS SIGNED BY DONALD TRUMP WITH
HIS HISTORY OF ANTI-MUSLIM
STATEMENTS IT WAS THEREFORE
UNCONSTITUTIONAL.
THAT WOULD HAVE BEEN A CRAZY
IT'S A RELIEF RELAY THAT THE
COURT DID NOT DO THAT.
>> CHIEF JUSTICE ROBERTS
SPECIFICALLY ADDRESSED THE ISSUE
OF WHETHER IT WAS A RELIGIOUS
TEST ARE NOT POINTING OUT THAT
USING A LIST THAT HAD BEEN
DEVELOPED BY A PREVIOUS
ADMINISTRATION, THE OBAMA
ADMINISTRATION.
AND THAT IT ALSO INCLUDED
NORTH KOREA AND VENEZUELA SO
THAT IT WAS HARD TO ARGUE THAT
THIS WAS -- EVEN THOUGH THIS IS
WHAT THE CONVERSATION HAD BEEN
IN THE MEDIA, THIS IS A
MUSLIM BAN AND EVEN DONALD TRUMP
REFERRED TO IT IS THAT, THIS
REALLY IS AN IMPORTANT DECISION
DECISIONS ABOUT NATIONAL
SECURITY RELATED TO IMMIGRATION.
IT'S IMPORTANT TO CONSIDER HOW
THE OBAMA ADMINISTRATION FARED
WITH THE SUPREME COURT WHEN IT
TESTED EXECUTIVE AUTHORITY.
IT REPEATEDLY WAS TURNED AWAY BY
THE COURT, SOMETIMES BY 9-0
THE SUBJECT OF EXECUTIVE
AUTHORITY.
>> Bret: HERE'S ONE
COMMENTATOR ON ANOTHER CHANNEL
WITH AN INTERESTING ANALOGY.
>> OSAMA BIN LADEN HOPE TO
PROVOKE WAS A WAR OF
CIVILIZATION, AND WAR BETWEEN
THE WEST AND 1 BILLION MUSLIMS.
SO WHAT DONALD TRUMP AND THIS
MUSLIM BAN SIGNAL TO THE WORLD
IS THAT MUSLIMS ARE NOT WELCOME
HERE, THAT THIS IS, WHETHER THE
CONSERVATIVE JUSTICES SAY THAT
IT'S ABOUT EXECUTIVE POWER, THE
PRESIDENT'S CLEAR INTENT WAS TO
IMPOSE A RELIGIOUS TEST AND THAT
IS IS FUNDAMENTALLY ON
UN-AMERICAN AS ANYTHING THAT HE
IS DONE OVER THE COURSE OF THIS
PRESIDENCY.
LOOKING AT THE WORDS ON THE
PAPER THERE?
>> I WOULD LIKE TO JUST REACT TO
THAT IN TANDEM WITH REACTING TO
BYRON.
BYRON IS ABSOLUTELY RIGHT.
IF YOU JUST TOOK THE 3.0 VERSION
OF THIS, NOT THE FIRST TWO,
WHICH WERE QUITE DIFFERENT, THE
BIGGEST PROBLEM WAS THE PROBLEM
THE PRESIDENT CREATED FOR
HIMSELF THROUGH ALL THIS
EXTRAVAGANT HOSTILE RHETORIC
TOWARDS MUSLIMS.
GEORGE W. BUSH OF COURSE, WHO
JUST THE ISLAMIST TERRORISTS AND
SO I THINK THAT COMMENTATOR YOU
JUST PUT UP THERE HAS A POINT
THAT THE ATMOSPHERICS AROUND
DECISION IS NOT EVERYTHING THAT
HAS TERRIBLE ATMOSPHERICS THAT'S
PERHAPS EVEN STUPID AND
I DON'T CONSIDER THIS SO MUCH
VICTORY OR EVEN A VINDICATION
WHICH IS THE PRESIDENT'S OTHER
WORD FOR THIS.
I THINK WHEN HE GOT FROM THE
SUPREME COURT TODAY WAS A RATHER
BEGRUDGING ALMOST ACKNOWLEDGMENT
THAT OKAY, YOU CAN DO THIS IF
YOU INSIST.
THERE'S NO RHETORIC IN ANY OF
THE MAJORITY OR CONCURRING
OPINION SAY THIS IS ABSOLUTELY
STOP YOU SO YOU CAN GO AHEAD.
>> Bret: BUT AT ITS HEART, AN
INCREASE IN THIS 3.0 VERSION,
THE STIPULATIONS TO GET IN, WHAT
THESE COUNTRIES WERE DOING TO
VET THE PEOPLE WHO ARE ACTUALLY
TAKEN OFF BECAUSE THEY MET THE
STIPULATIONS.
>> IT'S HARD TO ARGUE THAT IT
IN FACT I THINK THE FIRST
VERSION OF THE VAN ACTUALLY
WOULD HAVE HELD UP UNDER THE
ANOTHER ISSUE WHERE ATMOSPHERICS
INJUNCTION AGAINST A NATIONAL
RULING.
THIS IS A TREND THAT WE ARE
SEEING A LOT, PARTICULARLY
NATIONAL ISSUES AND CLARENCE
THOMAS SPECIFICALLY SAID IN HIS
CONCURRING OPINION THAT THIS IS
BECAUSE IT MEANS WE ARE GETTING
VERY NARROW DECISIONS BASED ON
FAVOR OF THOSE PEOPLE WHO DID
VOTE FOR DONALD TRUMP THAT THEY
WERE ABLE TO GET A 5-4 DECISION
GROUPS TO ADVOCATE FOR ABORTION
BUT THE FACT THAT THEY ARE 5-4
DECISIONS MEANS WE WILL SEE THIS
COURT CONTINUE TO BE A VERY
POLITICAL ISSUE.
>> Bret: IT ALL ALSO SHOWS H
IS IMPORTANT IN THIS WORLD.
McCONNELL AGAIN -- HE WILL,
BUT HE SHOULDN'T.
LOOK AT SOME OF THE PRECEDENCE
OF THIS HAD GONE THE OTHER WAY.
SECURITY INSTANCES AND ALSO IT
SEEMED TO WANT TO CREATE SOME OF
THE PROPONENTS, THE OPPONENTS OF
UNITED STATES.
INTO THE UNITED STATES AND THAT
WOULD HAVE BEEN A TERRIBLE
PRECEDENT.
>> Bret: ARE LATE FRIENDS
CHARLES KRAUTHAMMER WEIGHED IN
ON THIS LAST YEAR.
>> I'M NOT AGAINST TIGHTENING
THE VETTING, WE SHOULD BUT I
MAKE OURSELVES THINK THAT WE ARE
SAFER FROM TERRORISM.
THERE ARE A LOT OF SOURCES OF
TERRORISM.
THE WHOLE LIST, PROBABLY AT THE
BOTTOM IS THE IDEA OF
INFILTRATION FROM THE STATES.
THESE ARE SEVEN STATES IN 15
YEARS SINCE 9/11, THERE HASN'T
BEEN A SINGLE MURDER OF AN
>> Bret: TRUCK.
>> THAT'S ANOTHER GOOD POINT.
QUITE A FEW OF THE RECENT LONE
WOLF ATTACKS HAVE TAKEN PLACE BY
PEOPLE WHO ARE EITHER BORN IN
THE UNITED STATES OR WHO WERE
IN THESE PARTICULAR COUNTRIES,
THEY ARE NOT COMPLETELY
DISJOINTED, IT'S NOT COMPLETELY
DISJOINTED BUT IT'S TENUOUS.
WHAT THE COURTS WERE WRESTLING
WITH, PARTICULARLY CHIEF JUSTICE
SO UNCERTAIN ABOUT THE
AND I THINK THEY FELT WE ARE
A VERY, VERY INFLAMMATORY
PRESIDENT BECAUSE IT COULD BE
USED LEGITIMATELY WHEN THE
PRESIDENCY IS OCCUPIED BY A
DIFFERENT PERSON LATER ON.
>> Bret: MUST WORK.
>> THE CIRCUIT COURTS THAT WERE
WILLING TO DO THAT.
NOT JUST THE NINTH CIRCUIT, THE
FOURTH CIRCUIT.
BIG MAJORITIES WERE WILLING TO