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Judge Andrew Napolitano predicted Wednesday that he believes President Trump's travel ban will be upheld with a 5 to 4 vote in the Supreme Court.

The Trump administration is arguing that the ban is in the best interest of U.S. national security, while critics say the move is discriminatory because it impacts mostly Muslim countries.

The justices took the rare step of making an audio recording of Wednesday's proceedings.

"I think there are 50 predominantly Muslim countries in the world. Five predominantly Muslim countries are on this list. The population of the predominantly Muslim countries on this list make up about 8 percent of the world's Muslim population," said Justice Samuel Alito in the recording.

"If you looked at the 10 countries with the most Muslims, exactly one -- Iran -- would be on that list of the top 10. So, would a reasonable observer think this was a Muslim ban?"

The controversial ban restricts visitors from five Muslim countries, North Korea and Venezuela.

Supreme Court justices voted in December to allow the ban to take full effect until they came to a conclusion in the court.

"I don't like to make this kind of a prediction," Napolitano said. "Because often, questions by the justices do not reveal how they truly feel," Napolitano said.

"But having read the transcript as well as listening to the tone of the questions, it is very clear to me how they feel."

The Fox News senior judicial analyst said the challenges to the ban are based on whether the president has the authority to implement it and his incendiary statements about banning Muslims. 

Watch the full segment from "Outnumbered Overtime" above.


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