Trump does not want to REWRITE IT. He wants to Withdraw it entirely. Then he can write a new Exec Order temporarily banning ALL immigration until Vetting is in place.
That doesn't discriminate and he could put in the handful of exclusion for worker VISAs and permanent residents. He can't rewrite because the Court may conclude that the judicial decision remains because Trump might simply keep amending the order.
If he retracts the order entirely, and does not indicate a relationship to a second order, the District court is powerless to act and would have to dismiss. A complete halt to all immigration is an entirely different measure and it would not be subject to an attack of discrimination.
Trump's second order doesn't discriminate; he could put in the handful of exclusion for worker VISAs and permanent residents. If he retracts the order entirely, and does not indicate a relationship to a second order, the District court is powerless to act and would have to dismiss.
BINGO: Trump ordering a complete halt to ALL immigration is an entirely different measure; it would not be subject to a judicial attack of discrimination.
I like it! A general immigration moratorium is long overdue.
Some emergency exceptions could be made on a case-by-case basis, but each one would have to be subject to "extreme vetting."