Judge Andrew Napolitano joined Melissa Francis and Eric Shawn on "America's Newsroom" today to give his take on a Seattle judge's ruling to halt the enforcement of President Donald Trump's executive order on immigration.
Friday's restraining order by Judge James Robart, of the Federal District Court in Seattle, ceased the implementation Trump's executive action restricting immigration from seven countries with predominantly Muslim populations.
Judge Napolitano said it appears that Judge Robart is second-guessing the wisdom and the justice of the executive order.
He explained that the lawsuit, which was brought by the state of Washington and later joined by the state of Minnesota, says that people have suffered irreparable harm because of the travel ban and an injunction should be applied.
Judge Napolitano said a major factor in this case is that the plaintiffs aren't people trying to enter the U.S., but states who are suing on behalf of those people.
"The Constitution requires the plaintiffs be people who are actually harmed or in immediate likelihood of harm ... to bring a lawsuit, particularly against the president of the United States," Judge Napolitano explained.
He said when the 9th Circuit Court of Appeals hears oral arguments Monday afternoon, he expects that they will focus their inquiry on that particular issue.
"Was it proper for Judge Robart, sitting in Seattle, to prevent the effect of this executive order, signed by the president of the United States?" Judge Napolitano said. "If the answer is 'yes,' then the ban on executive order will stay in place while Judge Robart ... will hold a trial. If the answer is 'no,' then the ban that the president put in place will be back in place while Judge Robart holds a trial."
Francis asked Judge Napolitano what outcome he expects.
"That the 9th Circuit Court of Appeals will reverse Judge Robart and reinstate President Trump's executive order, because the two plaintiffs here - the two states, Washington and Minnesota - do not have the standing to bring an action on behalf of others," Judge Napolitano said. "Others who are harmed have to bring that action directly."
Trump, himself, was quick to voice his opinion of the order on Twitter:
The opinion of this so-called judge, which essentially takes law-enforcement away from our country, is ridiculous and will be overturned!
— Donald J. Trump (@realDonaldTrump) February 4, 2017
Just cannot believe a judge would put our country in such peril. If something happens blame him and court system. People pouring in. Bad!
— Donald J. Trump (@realDonaldTrump) February 5, 2017
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