I’ve asked this before, but no answer: If Trump rescinds the first EO and issues another more in line with the Ninth Circuit, doesn’t he by doing so leave the rulings of the court as precedent?
This would be absolutely unacceptable.
As I understand it, the Trump administration admitted they erred in not exempting existing green card holders from the entry ban so they were going to have to do a rewrite anyway. I do hope that's what the plan is and in the event the new order is struck down by another hack judge, have a competent constitutional lawyer defend it all the way to SCOTUS if necessary.
9th Circuit ruled on WH stay request issued by the WA judge not the issue.