According to famed Constitutional law scholar and attorney Alan Dershowitz, President Trump will likely lose his immigration case in the lower courts, but will likely win when it makes its way to the Supreme Court.
Although Dershowitz is politically liberal, he doesn’t think that Trump’s executive order constitutes a Constitutional violation.
“I think the Trump administration will lose the initial battle about the stay, but I think they may very well win when it gets to the Supreme Court,” Dershowitz said in an interview with Newsmax TV. He continued:
“I do not believe that this order constitutes a violation of the establishment clause of the Constitution. The fact that they picked seven Muslim states, those are the states that have high levels of terrorism. We’re talking about Islamic terrorism.
“When you focus on real victims or real perpetrators — and the impact is heavily on one particular religion, that doesn’t create a constitutional problem.
The case will go to the Supreme Court. It may split 4-4 — and that will be interesting, because we also have a case in Massachusetts where you have a liberal judge who went in favor of the Trump administration, even though generally he’s regarded as quite liberal in his views.
“So, I think that the Trump administration will ultimately win on that issue, at least as it relates to people who have never been in the United States.”