Trump could easily win at this legal game.
Have a friendly group - legal conservative group - file suit in a friendly jurisdiction. Forum shop to the right Court of Appeals - away from the 9th Circuit.
Challenge the EO for not going far enough. As part of the ruling the Republican judge could find the EO allowable under the law and accept or reject whatever the basis of the lawsuit is — there could be dozens of reasons to challenge the law from the right.
Then the case moves up to a Republican Court of Appeals.
Trump wins.
The only logical explanation at this point is Trump WANTS the 9th Circuit and activists judges to strike down this law.
Why?
I believe he’s laying the ground work for replacing a total of FOUR picks for the SCOTUS in his first term.
Scalia pick already there. Both Kennedy and Thomas want to retire. That’s three. Ruth B.G. is dying. Her cancer is back and she’s got less than a year to live.
The Democrats are going to SCREAM that the “RBG seat” should go to at least a ‘moderate’ and not from Trump’s list of SCOTUS picks he shared with us during the campaign.
This judicial activism is setting Trump up to pick FOUR CONSERVATIVES for the SCOTUS over the next two years.
Otherwise, he’d do what I suggest - cherry pick the right jurisdiction and have his EO upheld.
More Trump 3D chess folks.
The #FakeStreamMedia is keeping this well-hidden, since I can't find any mention of it.
Only if he puts a stop to this illegal judicial overreach by publicly slamming the courts, and ruthlessly asserting his legal, constitutional authority, to execute the laws of the land and his duties as president.
The courts are operating beyond the bounds of their constitutional jurisdiction, in regards to these executive orders, and should be slapped down, and their orders ignored.
Putting this matter in the court's hands, is granting them power they do not possess.