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By the judge today, saying, excuse me, this is actually not a guarantee that they will prevail in court. we actually might. and the number one reason they gave, anderson, is the presidential prerogative to be able to have great deference to say who can come in the country when national security is an issue. this is a really, really difficult case still. >> i also want to bring in our panelist here, paul calla in david gergen, ron brownstein. the bottom line for a lot of people watching overseas and wondering in the united states of all political stripes is what actually, beyond the court battl...

>> that's a fascinating question, because if the 9th circuit rules against the trump administration it goes to the supreme court. the 9th circuit's ruling will be the first one that gets there. that would become, technically, the law of the land. so people are going to come to realize pretty quickly, having a 4-4 split ideologically on the supreme court as we currently do, can have a big impact on the nation. >> speaking of splits, this is exactly the kind of thing that the supreme court looks for in deciding to take cases. so you'll have not only a circuit splis split, but a simultaneous circ...

What you are saying, jeffrey is, you are likening this to an american civil war, throwing people in jail and not giving them the right of their lawyers. that is not what was happening in these airports. to suggest that this is a direct parallel with lincoln and the american civil war, it just belies -- >> the question of power raised by one of our legal analysts. because you were saying this may only affect the people who already have visas. is there any indication that this would not affect the broader idea of a 90-day ban on entry? is there any reason why this would only be the people who al...