Why not drag it out and wait to Neil Gorsuch is confirmed. Have a better chance to win at the Supreme court level, a 4-4 tie means the 9th circuit decision holds, until such time another case gets to the Supreme Court, and there is a 5-4 decision either way.
Trump can always have another Executive order to issue, let the libs play there hand in court, find out what will fly muster, and then hit them again harder later.
An attempt to have this heard in the SC would take months (and as you said a 4-4 tie will throw the decision back to the 9th) so a case that will take months to sort out in the SC is kind of pointless in this situation since we are talking about an EO that has a term of 90 days.
By the time it was resolved the 90 days would be over. Kind of moot at that point no matter how it was decided.
Also, on top of all that, if this is put on the SC’s shoulders then the confirmation process of Gorsuch will become hopelessly entangled in the politicization surrounding this case. We could end up losing a perfectly good justice just for a case who’s merits will not even exist in 3 months.