“Just reissue an order. Per Dershowitz this morning.”
I think it need to go back down. They had no authority over his EO in the first place.
If he rewrites it, he is implying that they have power over this Constitutional order. They don’t. They can’t make up Constitutional rights for non citizens.
Liberals already have other Circuit Courts challenging this order. It doesn’t matter how he rewrites it, they will keep it tied up and will say he didn’t have the power to issue it in the first place, and that he’s admitting he didn’t have the power by correcting it.
I think they are handling it correctly or else they will be spending all their time arguing cases that should not be challenged when the law is this clear cut.