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Effect that due process does not require seeing a judge. all right. that's building on the president's tweets from the other day in a way that really does have constitutional policy implications. >> smerconish, we happen to have a lawyer with us, michael, what do you make of that, the due process argument? >> if you're here you're entitled to due process regardless of whether you're a united states citizen. that's the view from the supreme court of the united states, that's the view from the legal intelligence. i think the white house is flat out wrong on that. i mean what they're struggling w...

Talking about, what happens? >> they're going to argue the similar points that was just -- the ninth circuit just came out with a decision yesterday. heather: right. >> that was whether or not they were going to stay -- heather: keep it. >> but they are still arguments that still have to be made to the ninth again? >> they talk about due process, one of the big criticisms of the executive order is it did not provide notice and opportunity to litigate for the people that are affected. that's a due process argument. heather: the entire thing could be reversed in march? >> it could. it could be r...

Administration and they're saying no, we're not going to let that kind of argument stand. and i think the other thing that's not in the text but i have to believe was in the judges' mind for a long time will be the president's attacks on the judiciary, going to far as to blame them for future terrorist attacks. judges notice that and they will want to show they need a put a box around this president's power early. >> betsy, there's a traditional way of thinking about political capital, particularly someone newly elected and particularly a newly elected president which is is that it's the reser...

Thank you much for that explanation. that was extremely helpful. i really appreciate it. >> okay. i'm joined now by senator brian schatz, a democrat from hawaii. senator, your reaction to the ruling? >> chris, it's a really exciting day. this is a good day for constitutional government, for the rule of law, it was a decisive decision. one of the things that struck me in the 29 pages is that they were more ambitious, less narrow than they needed to be. they wanted to sort of walk up to the line and talk about whether or not sort of looks like a duck acts like a duct quacks like a duck, it loo...

But what the court was strong about in this opinion is that the due process clause does protect aliens who are here. and it rejected even the trump administration effort to save this order by narrowing it saying okay, if you disagree with us and think the executive order should be struck down, here's an alternative, let's limit the executive order so it carves out legal permanent residence and admitted aliens who want to go overseas temporarily and come back thinking that that would save the due process argument. the court said no. if you're an alien here, even if you're unlawfully present, yo...