The Corner

Politics & Policy

Krauthammer’s Take: Slow-Walk the Executive Order Appeal, Fast-Walk Gorsuch Nomination

Referring back to his column today, Charles Krauthammer pointed out that it’s more important to have vetting than a travel moratorium, and he added that in the grand scheme of things, Trump should be most concerned about getting Neil Gorsuch on the Supreme Court:

The point I wanted to make in the column was, there is the moratorium, and there is the vetting. The vetting will get 90 percent support in the country, but they actually should do it. It doesn’t depend on a moratorium. The fact is, they have lost the case in the most liberal circuit in the country, they’ve lost it at the district level, and for now, the Supreme Court is deadlocked, so it’s likely to return. In other words the case is stacked against them. I happen to think it’s legal, but these courts have decided not, so why play a losing hand? What he needs to do — I think it’s exactly right — either rewrite the order or have a new one, so you are dealing on a different playing field. You’ve gotten essentially the feedback of the ninth circuit, so you know what will pass muster and what won’t. For example, from the beginning, you exclude the holders of green cards, and then what you do is, you slow-walk the appeals case and you fast-walk the nomination of Gorsuch. There is no hurry on appealing this ruling. They are not going to win it in the end. Put out something else, accelerate the vetting process, announce new procedures — there is a way to keep out people in these seven countries simply by the vetting process. They essentially have no central government. They have no information. So you can write the vetting process in a way that will honor the moratorium, even without calling a moratorium, and get the other justice on the court so that if it ever gets bumped up to the Supreme Court again, he’ll win.

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