Trump says he hopes 'common sense' travel ban doesn't go to the Supreme Court

President Donald Trump on Tuesday said he hopes the constitutionality of his executive order restricting immigration from seven Muslim-majority countries doesn’t have to come down to the Supreme Court.

“We’re gonna take it through the system,” Trump told reporters during a listening session with county sheriffs in the Roosevelt Room. “It’s very important for the country. Regardless of me or whoever succeeds at a later date.”


It’s unclear what the president meant by the latter statement, which could be interpreted as a concession that his administration may not win its case or a nod to the sedate judicial process.

Trump signed the controversial executive order on Jan. 27. It immediately sparked mass protests at airports around the country, faced legal challenges and was panned for its poorly executed rollout.

U.S. District Court Judge James Robart issued a ruling Friday that effectively halted Trump’s order. Robart has since been a target of the White House’s ire, including shots from the president blasting the “so-called judge” and his ruling in a flurry of tweets.

Trump argued Tuesday that the U.S. has to have security. “If you remember, ISIS said, ‘We are going to infiltrate the United States and other countries through the migration,’” Trump told reporters. “And then we’re not allowed to be tough on the people coming in? Explain that one.”

The president defaulted to his stock position of “we’ll see what happens,” but he highlighted the legal challenge as “a big court case.” He contended, however, that his administration is “well represented,” adding, again, that “we’re gonna see what happens.”

“It could” go to the Supreme Court, Trump said. “I mean, we’ll see. Hopefully it doesn't have to. It's common sense. You know some things are law, and I’m all in favor of that. And some things are common sense. This is common sense.”

The court is currently divided, with justices tying 4-4 on many rulings. The president recently nominated conservative Judge Neil Gorsuch to replace the late Justice Antonin Scalia. If confirmed, the court would revert back to its conservative tilt.