Trump wins EITHER WAY - America not necessarily. If the courts uphold the ban, then Trump gets to keep the animals outside our borders. If the courts decide to play Executive, then Trump is INNOCULATED against any terror attack that can be remotely related to his ban being overturned and ALL of the blame lies with Democrats and Judges.
Rough on Americans to have to go through another attack, but Trump wins and wins big...which, I guess, means that America does win out in the end, also.
Actually, the whole farce is absurd. Trump wins either way, because: (a) the 9th or SC decide in favor of the federal government; or (b) Trump ignores/defies the courts and challenges Congress to impeach.
Could you imagine the constitutional crisis that would develop if Congress where to accede to the court's assertion that they had primacy with respect to national security? That's what they would have to do to impeach Trump, since he's merely following a law legally established by Congress.
If Congress where to take that step, they themselves would be in violation of their own sworn oaths. The Constitution clearly delineates the respective powers and responsibilities between Congress, the executive and judiciary. Congress holds all the power, with significant leeway assigned to the president to carry out necessary executive duties, but very limited, if any power reserved for the courts.
In fact, the very notion of judicial review as to determining base constitutionality is an asserted role (Marbury), not one actually stipulated in the constitution. Only through custom and tradition has it been allowed to "play" at governance - as long as they minded their manners and stayed within general bounds.
For example, what if the SC had found Lincoln in violation of the constitution with respect to the Union waging the Civil war? What do you think Lincoln would have done? Seriously, this whole thing is laughable on its face, which is why Trump is going to win and the courts are going to lose. They can either lose quietly or they can choose to lose "bigly".
Rough on Americans to have to go through another attack
When a major attack comes it will be in a blue city so....