It’s not game over if the 9th Circuit shoots him down.
He’ll have the SCOTUS. Further, he doesn’t have to file right away. It will make it dicey on the current set of people frozen out, but it will eventually be approved.
Once we get Gorsuch on the SCOTUS, Trump prevails.
Once again the 9th Circuit Court will look like a bunch of buffoons.
Now, all that being said, the 9the Circuit Court has had some interesting rulings in the last couple of years. I wouldn’t rule them out striking down the lower judge’s order, but I do still see it as a long shot.
Since he has gone this route if the 9th upholds the Judge he waits till Gorsuch is seated before the SC appeal? Well that would add to confirmation fireworks that’s for sure.
It's a terrible strategy to rely on the courts to uphold the already well established legal and constitutional authority of the President.
President Trump is well within his legal and constitutional jurisdiction to tell this judge to pound sand.
By seeking legal redress, the President is actually ceding his authority over the executive branch of the federal government to a circuit court judge.
Bad move.