Judge Andrew Napolitano predicted Wednesday that he believes
President Trump's travel ban will be upheld with a 5 to 4 vote
in the Supreme Court.
The Trump administration is arguing that the ban is in the best
interest of U.S. national security, while critics say the move
is discriminatory because it impacts mostly Muslim countries.
The justices took the rare step of making an audio recording of
"I think there are 50 predominantly Muslim countries in the
world. Five predominantly Muslim countries are on this list. The
population of the predominantly Muslim countries on this list
make up about 8 percent of the world's Muslim population," said
Justice Samuel Alito in the recording.
"If you looked at the 10 countries with the most Muslims,
exactly one -- Iran -- would be on that list of the top 10. So,
would a reasonable observer think this was a Muslim ban?"
The controversial ban restricts visitors from five Muslim
countries, North Korea and Venezuela.
Supreme Court justices voted in December to allow the ban to
take full effect until they came to a conclusion in the court.
"I don't like to make this kind of a prediction," Napolitano
said. "Because often, questions by the justices do not reveal
how they truly feel," Napolitano said.
"But having read the transcript as well as listening to the tone
of the questions, it is very clear to me how they feel."
The Fox News senior judicial analyst said the challenges to the
ban are based on whether the president has the authority to
implement it and his incendiary statements about banning Muslims.