Civil rights attorney Alan Dershowitz told Newsmax TV on Friday that the Supreme Court appeared to be approaching the Trump travel ban case "in a kind of nuanced, calibrated way."
"I predicted from day one that the court would uphold parts of the order and strike down parts of the order and it would be based largely on standing," the Harvard Law School professor emeritus told host Bill Tucker on "Newsmax Now" in an interview.
"That is, who has the right to challenge an order like this?
"And the family in Yemen who has never been to the United States, has no connections, simply has no rights under the Constitution and has no ability to challenge this.
"I think that's what the court will eventually hold," he said.
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However, on the issue of which relatives would be covered in the meantime, Dershowitz told Tucker that "I would hope that the courts would be generous about who they let in.
"But people forget that it was the Obama administration that indicated which countries they had said – and Trump had reduced it to six in the second iteration.
"The Obama administration and existing administrations previously made the kinds of distinctions that are now being made between stepbrothers, nephews, nieces, full brothers, grandparents.
"So, all of these things are fairly traditional.
"Both sides are getting too polemical about this understandably emotional issue," Dershowitz said. "But in the end, it would be resolved in a calibrated and nuanced way, hopefully."
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