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Supreme court than in the lower courts. the business of evaluating presidential executive orders based on campaign statements by a nonpresidential, nonpresident candidate for office, i'm certainly unaware if the supreme court has ever done that before. i would be very -- i would be very confident the trump administration will be saying to the court, this is about the executive order itself. it's not about the campaign. it's not about anything outside the record in this case. it is simply about the executive order and certainly, at least three justices, gorsuch, thomas and alito think that's no...

Court felt it went too far in its use of a religious test, based on what he talked about during the campaign, based on tweets we saw prior to him taking office, and what this ruling seems to suggest is that the balance is in the other direction. national security imperative was paramount to the way they roomed and we saw no mention of tweets or campaign speeches in the ruling. that's significant. it was a limited ruling, werther it will go forward or not reviewing the own tire case. no reference gives you the sense that's the way it's going. >> and raises the bar for the states attorneys gener...

>> reporter: the travel restrictions last only 90 days, and the court won't hear the case until october. by then the case could be dismissed as moot, no longer a live controversy. >> with me justice correspondent pete williams. pete, looking sort of at the tea leaves, according to your report, you've got alito, gorsuch and talmadge who said they would have the executive order go into effect. we've got to pick off two more. we don't know how justice kennedy and roberts, more likely to be conservative on the court, we don't know what they're going to say. >> reporter: true. but the fact that the...

Their nation of origin or their religion, what you have here is you have the ninth circuit court of appeals finding a different route. here's some choice courts that came from that decision. think said immigration, even for the president, is not a one-person show. the other part that was very interesting from this court is that they said national security is not some incantation that can just be said by the president in order to justify any and all actions. so there's some pretty strong words, even from this opinion. >> much has been made, and for good reason, of the president's tweets and his...

I'm of a different opinion now. i think the opponents of this have a stronger argument than they did several weeks ago for the singular reason that president trump continues to tweet. if he stopped tweeting, perhaps he would be different. how do you still make the same argument today when it seems president trump has actually enumerated all the opponents of his ban's argument before the court. >> you make a good point. there's so much water the court is going to carry for you if you're working against your own case. having said that, both the fourth circuit and ninth circuit really marginal li...