STEVE DOOCY (CO-HOST): Judge, clearly the administration felt with this 2.0 ban they had air-tight case. But apparently somebody out west said nope, not so fast.
ANDREW NAPOLITANO: A lot of legal eyes looked at this, and I agreed, the administration wrote an air-tight case as we say in the profession bullet-proof, that they actually went through all the objections that the Ninth Circuit [Court of Appeals] had to the first executive order,and addressed each of them. And in fact, half the reason for involving the first executive order is not in this new one, because they had accomplished that which is setting forth a rational basis for selecting the six states. But, basically what the judge said last night in Hawaii was this is a Muslim ban by another name. That's the way I would summarize this with a very short handle on it. Without getting too much into the weeds, he basically looked at the things that candidate Donald Trump said, that our friend Mayor [Rudy] Giuliani said, that Kellyanne Conway said.
DOOCY: Is that appropriate?
NAPOLITANO: That Kellyanne Conway said here on the couch on Fox & Friends, it's absolutely inappropriate. Because the court, when it's interpreting a statute or an executive order, must do so on the basis of the plain meaning of the written words. The court cannot go into psychobabble and try and figure out what the intent was just what the words say.
