Dershowitz on Travel Ban Ruling: You Can’t Have an Order by One President That’s Unconstitutional But Constitutional by Another

EXCERPT:

DERSHOWITZ: "The reason I predicted it is you can’t have words on paper by a president that are unconstitutional as to one president, but would be constitutional as to another president, if President Obama issued the same order you uphold it, but if President Trump does you don’t uphold it. I actually began to wonder if that would be the case when Justice Kennedy in the case involving the baker who wouldn’t provide a cake to a gay couple, the Supreme Court Justice Kennedy actually looked at the religious motivation behind the decision of the Colorado authorities and actually did look at what was said by the Colorado authorities and used that to strike down in the very, very limited manner the decision of the Colorado authorities. So here you have Justice Kennedy in one case looking at religious motivations, looking at religious statements, and in another case saying it’s insufficient."