The president’s comment is likely to emerge in litigation challenging his reasoning for the ban, just as comments he made about his administration’s travel ban — as well as a number of inaccurate and inflammatory anti-Muslim posts on Twitter — were cited in those challenges. Importantly, though, Chief Justice John Roberts brushed aside the significance of Trump’s comments in his opinion upholding the travel ban, noting that the “text says nothing about religion.”
That ban, a signature aspect of the president’s foreign policy, blocked visitors from a number of majority-Muslim countries from entering the United States and was challenged on the grounds that it was motivated by religious discrimination. A version was upheld by the justices over the summer in a 5-4 ruling that fell along party lines.
Trump cited the decision Friday when he declared a national emergency over illegal immigration.
“Hopefully we will get a fair shake, and we will win in the Supreme Court, just like the ban,” Trump said. “They sued us in the 9th Circuit, and we lost, and then we lost in the appellate division, and then we went to the Supreme Court, and we won.”