CNN legal analyst Jeffrey Toobin explained Friday that the Supreme Court could be days away from weighing in on President Donald Trump’s immigration ban.
Friday afternoon, a Massachusetts court ruled that Trump’s ban was not based specifically on Muslims, but a federal court in Washington state granted a nationwide stay against the ban. That decision will likely prompt the 9th Circuit Court to make a decision “immediately” according to Toobin, which will then send it to the Supreme Court for a ruling.
“You could go immediately to the Supreme Court,” Toobin explained. “Technically, this is a lawful order of a federal court, and if it’s in effect right now, [U.S. Customs and Border Protection] should be responding to it.”
Over the weekend as protests at airports raged, judges announced orders to stop the ban but Customs and Border Protection officers at Dulles International Airport outside of Washington, DC refused to abide by it. There have been similar cases where federal judges have attempted to stop former President Barack Obama’s executive orders.
“I think the 9th circuit will see this as an important of national urgency and probably will move immediately to make a decision as to whether to issue a stay or not,” Toobin said. Once that happens it moves to the higher court. “I think we could get a stay decision from the Supreme Court within a matter of days. I mean, it has to go to the 9th circuit first, but you won’t get a final ruling from the Supreme Court in a matter of days, but they act upon stays, on emergency matters, whether it is executions or the applications of law, in a matter of days. So, this will be feverish legal maneuvering on both sides over the next couple of days.”
As of this moment, however, Toobin clarifies “the executive order does not apply anywhere in the United States.”
In an interview later on CNN, Washington state Attorney General Bob Ferguson said that he expects to go to the Supreme Court and is preparing for it.
Watch the full discussion of the legal analysis below: