I think SCOTUS is the right route because it will set the legal precedent for future EOs of a similar nature.
While I don’t mean to imply in any way that a terror attack in the interim would validate Trump’s approach, in fact he is now kind of immunized if it should happen. The court and those who support their action now own this.
If a revised order were issued, it could buy time for Gorsuch to be seated, as I don’t trust the 4-4 split court. And it woudl force them to re-litigate their illegal restraining order which would double-down on this unconstitutiaonal attack on the Presidency.
If it goes to SCOTUS, what happens if Trump is overruled? Do we now have defacto everyone on earth has dual American citizenship? Because that is what this looks like! This is how the left got gay marriage through. One bullshit case and they struck down multiple state constitutions and religious freedom nationwide. Now it is settled law written in stone for 10,000 years just like abortion and 10 other things.
This is how the left operates, they know that the judicial branch is the secret backdoor into altering the constitution. They can’t amend it through the normal channels, they have to do it by judicial fiat and they have been massively successful. Look at all the cases that we got screwed on even when Scalia was alive! Trump was too hasty with this action and he gave them a gift, a slow hanging pitch that they hit out of the park. SCOTUS is a political entity, never ever bet on SCOTUS doing the right thing.
That is a mistake, it will be six months or more before they get a Judge approved and by that time they can have the whole Syrian Army here. Besides this in not a court issue, just restrict all entries until those foul judges change their opinion. Trump was elected to fight this kind of Cr@p, not placate the do nothing DC establishment.