The Supreme Court decision to uphold the Trump administration’s travel ban survived a close ruling because it didn’t prohibit all Muslims, according to Harvard law professor Alan Dershowitz.
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“The only people that are banned are not only Muslims, they are people from other countries as well,” Dershowitz said during an interview with FOX Business’ Trish Regan on Monday.
The court ruled 5-4 in favor of the controversial travel ban marking President Trump’s first major high court decision win.
The dissenting opinion was handed down by the court’s four liberals, including Associate Justice Sonia Sotomayor.
“This repackaging does little to cleanse [the policy] of the appearance of discrimination that the president’s words have created,” she said. “Based on the evidence in the record, a reasonable observer would conclude that the proclamation was motivated by anti-Muslim animus.”
Dershowitz said the minority position demonstrates the justices’ attempt to overstep their limits.
“To me it’s overdone, overstated, but I think the dissent, the opponents of this, also overstate,” he said. “I would rather see an individualized ban.”
The “Trumped Up” author said the president had the legal authority to regulate immigration to secure the country’s borders.