In an interview published Friday, House Speaker Paul Ryan told the Huffington Post that if presumptive Republican nominee Donald Trump were to be elected and institute a Muslim ban, he would consider suing him.
Ryan, R-Wis., endorsed Trump recently after much tension between the two, but said he will aggressively fight executive overreach, no matter who the president is.
Speaking of the 1952 Immigration and Nationality Act, Ryan said he is unsure whether the president could legally issue any such ban.
This goes against Trump’s own statements on the matter, which indicate he believes the president does have the legal authority to do so.
“The immigration laws of the United States give the president powers to suspend entry into the country of any class of persons,” he said at a rally Monday. “I will suspend immigration from areas of the world where there is a proven history of terrorism against the United States, Europe, or our allies until we fully understand how to end these threats.”
Ryan, nevertheless, maintains it is an open “legal question” and that if the courts found Trump is wrong, he would sue him, Hillary Clinton, or any other “president who exceeds his or her powers,” as long as he is House Speaker.
While the issue has yet to go to the courts, Constitutional scholars seem to be split on whether or not Trump’s ban would be legal. Harvard Law professor Laurence Tribe says it would not be legal, while others, like Chicago Law School professor Eric Posner, says the courts could rule either way.
h/t: Talking Points Memo