and if the eight current justices vote four-4, the ninth circuit court decision decision with standiford arkansasenator tom cotton said the order to temporarily pause the refugee program is plainly legal under the constitution washington state governor jay ensley responded to the governor by tweeting we just saw you in court, and we beat you, tucker. >> tucker: thanks a lot for that. the people providing the legal opposition is karl racine, he is the attorney general for district of columbia, he's one of the 16 attorneys general who signed an amicus brief supported lawsuit against the president's orders, he joins us now from washington, thanks for joining us. >> thank you very much for having me. >> tucker: in the ruling tonight, there was this line and i'm puzzled by it. the government has not shown the executive order provides what due process requires. this order applies mostly to foreigners, non-u.s. citizens abroad, there in other countries. the question i think the key legal question is does due process as afforded by the constitution apply to them? if it does, its massive implications for