The fate of Donald Trump’s agenda rests in the Supreme Court’s hands.
Everyone is trying to read the tea leaves,
And Megyn Kelly made this bold prediction about the Supreme Court.
As West Wing Daily reports
President Trump asked the Supreme Court to lift a nationwide injunction imposed by Obama Judge James Boasberg blocking President Trump from deporting illegal alien terrorists under the Alien Enemies Act.
The swing vote on this case is Chief Justice John Roberts.
Megyn Kelly predicted that Roberts understands that the meat of this case is a single district court judge asserting authority over the President of the United States in foreign affairs and Kelly predicted that at the end of the day Roberts wouldn’t let this assault on America’s constitutional order stand.
“John Roberts above all knows if he hands down a ruling telling the commander-in-chief that the nine men and women in black robes have the final say over what is perceived as a military threat unleashed on us by a foreign government, he’s on the thinnest of possible ice,” Kelly stated.
That was exactly the argument the Trump administration put forth in their brief asking the Court to take up the case.
“This case presents fundamental questions about who decides how to conduct sensitive national-security-related operations in this country—the President, through Article II, or the Judiciary, through TROs [temporary restraining orders],” acting Solicitor General Sarah Harris argued. “The Constitution supplies a clear answer: the President. The republic cannot afford a different choice.”
Kelly said Roberts’ number one goal is the Court’s legitimacy and that if Roberts rules that America has 600 commanders-in-chief in the form of district court judges, he is inviting a constitutional crisis.
“He’s so obsessed with the court. I just can’t see him wanting to do it,” Kelly concluded.
Kelly’s guest journalist Mark Halperin agreed.
Halperin said Roberts has voted against Trump before – namely in cases that granted transgenders special rights and mandated the census count illegal aliens – and that Roberts would pick and choose his spots in this term to vote against Trump because Roberts thinks that will keep Democrats from packing the Supreme Court the next time they win power.
“Well, he [Roberts] is an interesting figure because he does vote sometimes against Republican presidents, including this one,” Halperin added. “He does care about the integrity of the court, the reputation of the court … I think that they’re going to rule some against the president in some form, and there are going to be some that are result-oriented. They don’t all rule on the merits, sad to say.”
But Halperin said this case was different because public polling shows overwhelming support because the Court generally defers to the president on foreign affairs and because popular support for mass deportations runs well over 50 percent.
“I think in this case and in the ones that are comparable, as you suggested, as has been mentioned, deference to the commander-in-chief on this stuff is something where there’s clearly popular will. You can find that. You don’t need to look outside the walls of the Constitution to find that,” Halperin continued.
