The next move is almost certainly to see if Justice Kennedy will put a stop to this nonsense, pending a decision by the Supreme Court.
If the “full” Supreme Court somehow rules against President Trump, THEN we will be in the midst of a full blown constitutional crisis. Perhaps the worst since the Civil War.
It seems highly unlikely we will have a 9 person court in time to rule on this. We already know the Constitution is whatever they want it to be for at least 4 members of the court. What the Constitution actually says is irrelevant to them.
The outcome is most definitely in doubt.
Not so, except for the general urgency of the situation. The losing party (the Admin so far) has to be the one to appeal (except in cases where both parties lost some portions of the rulin), so they're in control of the timing, or at least they can hold it up. All the Admin has to do is not appeal until Gorsuch is confirmed and seated.
Applying the “legal reasoning” in this decision, what would prevent a future court from negating a declaration of war by Congress, where such an action prevents foreigners with already issued visas from entering the U.S. and, thus, cost the state university system in Washington state some tuition revenue?
Would anyone care to argue that Congress’ Constitutional authority to declare war is any different from the power it delegated to the executive in this instance?
The admin has to challenge - but at a time of its choosing. Send all the visa application inspectors to diversity training for three months.