will refer that request to the full court, the eight current justices. but the trump administration now has to make a decision, do they go to the supreme court and try to get this decision reversed or do they go to the district court for more extensive proceedings and try to get the order reversed there. either way, trump administration has lost dramatically and completely and they re going to have to decide what to do now. jeffrey, just to be precise, if it were to go to the u.s. supreme court right now there are only eight justices on the u.s. supreme court four appointed by democratic presidents, four appointed by republican presidents and we don t know what the jut come of their decision would be. if it s 4-4, this lower court, this ninth circuit court of appeals decision would remain in effect, is that right? that s exactly right,ful would. tie rulings in when the court
moment for our nation that no branch of government can operate in a vacuum, that we have checks and balances. quite frankly, on immigration policy, congress should have acted. it didn t. it leads to the president taking action but his action is limited under the constitution as we saw today by this court ruling. i m disappointed that he used that tweet to say, look, we ll see you in court. it s demeaning to the constitutional system of checks and balances. the state department the other day said 60,000 people who had valid visas to come to the united states, they were impacted if the travel ban had gone into effect. i assume all of those people right now if they have a valid visa, they will be allowed into the country. our normal system will now come back. these people have been vetted in order to get the visa, they are eligible to come into the united states and they ll be permitted to come into the united states. they ve gone through screenings and will continue to do that.
this decision as simply a political act. the fact it comes from a diverse political panel will insulate this decision from a kind of criticism that it would have gotten if it had been two democrats versus one republican. major setback for president trump and his administration. a complete setback i should point out. the order, the travel ban, that he wanted to go into effect will not at least for now will not go into effect. senator, i know you ve been looking at this as well. i want to get your reactions. a pretty complete loss for the white house. jeffrey toobin i agree with him totally. 3-0 doesn t make a difference in the actual standing of the ruling. the other option he did not mention for the trump administration to pull the executive order back, take a look at exactly what the court identified as unconstitutional strike that
unconstitutional. so the stay put into effect by judge robart, the george w. bush pointee in seattle is still in effect. the other point to make about tonight s ruling it is unanimous among the three judges, the carter appointee, the obama appointee, and the george w. bush appointee, so there is no political division among the three judges. this case is not over. the legal proceedings will continue, and there are several possibilities of where we may go from here, including a request for an emergency stay of the stay in the united states supreme court. the trump administration now could go to justice anthony kennedy who is the justice who supervises the ninth circuit and ask him to stay the stay and reimpose the executive order. justice kennedy almost certainly
by the ninth circuit court of appeals, senator. i m just pleased that our check and balance system is working in this country. the executive order i thought was dangerous to our country. i thought it made us less safe rather than more safe so i was pleased with the results that it won t go into effect. but more importantly, it shows that the courts are going to be there when president trump uses his power and exceeds his constitutional authority. and i think that s an important message that our constitutional system will work. when donald trump, the president of the united states, tweets as he did just a few moments ago, hi reaction to this decision, see you in court, the security of our nation is at stake, all caps right there, what was your reaction to his reaction to this decision? unfortunately i wasn t surprised but you can t conduct policy of this nation through tweets, can t conduct foreign policy that way, can t talk about constitutional issues that way. this is an import