The Fourth Circuit Court of Appeals, which is scheduled to hear the Maryland case on May 8, recently announced that all 15 judges (instead of the usual three-judge panel) would review the lower court's decision. And President Donald Trump has already vowed to challenge the rulings "all the way up to the Supreme Court." That may be where this dispute ends up, with a first test for Justice Antonin Scalia's successor Neil Gorsuch, but the president should not be surprised if it ends differently than he hopes. Especially considering that the Justice Department's main defense — that the words of the president are beyond review, and his campaign promises and divisive rhetoric can be disregarded after election day — is unsound as a matter of history, law and policy.