A federal appeals court in San Francisco upheld the suspension of President Trump's controversial immigration order Thursday - a decision that could end up in front of the Supreme Court.

The panel of three judges on the 9th U.S. Circuit Court of Appeals refused to reinstate the order after a federal judge had issued a halt to the order last week.

On "Special Report" tonight, Judge Andrew Napolitano said this was "precisely the wrong thing for the court to do."

He explained that the Constitution assigns the decision-making for foreign policy exclusively to the president, with even Congress taking a supporting role.

"The decision to ban is not reviewable," Judge Napolitano said. "This is an intellectually dishonest piece of work that the 9th Circuit has produced tonight, because it essentially consists of substituting the judgment of three judges for the president of the United States, when the Constitution unambiguously gives this area of jurisdiction - foreign policy - exclusively to the president."

"That's why this is so profoundly wrong."

Watch more above, and let us know what you think in the comments.

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