The Trump administration formally filed an appeal of one of two rulings against his newest executive order banning travel from several Middle Eastern and African countries.
The White House appealed a ruling by U.S. District Judge Theodore Chuang, an Obama nominee who imposed a nationwide block on the travel ban.
Longtime Democrat and Harvard Law professor Alan Dershowitz said the appeal should not have been necessary because Chuang never should have ruled against it in the first place.
Dershowitz said the two judges who blocked the ban focused so heavily on President Trump's campaign rhetoric and not the text of the order, that he believed if President Obama issued the exact same order it would have been upheld.
"That's not the way the law is supposed to operate," Dershowitz said. "I do not believe this is a Muslim ban."
He added that Trump was smart to appeal Chuang's ruling, because his Greenbelt, Md. chambers fall under the moderately conservative Fourth Circuit Court of Appeals.
The other judge who blocked the order, Derrick Watson of Honolulu, falls under the liberal Ninth Circuit, which previously ruled against Trump's first travel ban.
"Then, if the case goes to the Supreme Court [if the appeals court rules for Trump], and it ties 4-4, Trump wins," Dershowitz said.
He said the blockages of Trump's travel ban are the first time he has seen courts focus on "the ambiguous rhetoric of a candidate."
Dershowitz also discussed what he sees for the future of the Democratic Party.