In February, it was the 9th Circuit Court of Appeals that blocked President Trump’s executive order banning immigration from seven Muslim-majority countries. Since then, district court judges under the 9th Circuit umbrella have blocked both Trump’s second attempt at the immigration ban, and his order cutting funding to sanctuary cities.
Trump hasn’t accepted these decisions without some push-back. He’s repeatedly tweeted about frustrations with the court, and in an interview with the Washington Examiner last week, he said he would “absolutely” consider splitting up the Ninth Circuit Court of Appeals.
Here’s where our podcast, ‘Can He Do That?’ comes in.
On Friday’s episode with political reporter Amber Phillips, we talk to historians and legal experts to answer questions: Can President Trump break up the 9th Circuit Court because he disagrees with its decisions? And are there consequences for even suggesting he’d do so?
“Americans tend to be terribly skeptical of political meddling in the court when that meddling appears to be animated by the decisions that the judges are reaching,” Cornell Law professor Josh Chafetz tells us on the show. “Trump’s own comments make it clear that if this were to happen, it would be because of the decisions not because of abstract good government concerns.”
There’s more to it than that, though. Listen to the full episode below.
Each week, ‘Can He Do That?’ examines the powers and limitations of the American presidency, focusing on one area where Trump is seemingly breaking precedent. We answer the critical questions about what today’s news means for the future of the highest office in the nation.