Judge Nap on Travel Ban: I've Never Seen Courts Use Candidate's Words Against Him Once He's in Office
The Supreme Court on Monday upheld a broader read of President Trump's temporary travel ban on six majority Muslim countries.
No one without a direct family relationship to someone in the U.S. will be allowed in, the court ruled. Lower courts had tussled over what is covered by the executive order's term "significant relationship."
Judge Andrew Napolitano remarked that the lower courts were convinced that Trump's ban was discriminatory against Muslims.
"I have never seen this before, where the words of a candidate are used against that same person when he's now in office," Napolitano told "Fox & Friends" on Tuesday.
"You often say incendiary things when you're running for office in the heat of the moment to gin up the crowd to resist your opponent," he said.
During campaign season, Trump called out "radical Islamic terrorism" and called for a "Muslim ban" for countries with links to terrorism.
The lower courts "found everything that Donald Trump the candidate said that was incendiary about immigrants from the Middle East and threw it in the mix and said, 'therefore he's against Muslims. Therefore he hates Islam. Therefore this is a Muslim ban. Therefore it's unconstitutional,'" Napolitano commented. "The Supreme Court said, 'We're not going to go there.'"
Watch more from Napolitano above.