If they rule against him what recourse does he have,short of the SC?Better to scrap the order and reissue a bulletproof one in my opinion.
IMO this is not a mistake as it’s maximizing all his opportunities. Other than this, he could only appeal to the SC directly or, as you said, rewrite the EO.
This way he’s looking for the small chance that a larger panel from the circuit will rule in his favor to keep the EO intact. Otherwise if they rule to keep it in place again, I suspect at that point Trump will rewrite the order.
He’s just going for the Hail Mary at this point and he loses nothing by doing so. If he rewrote it now, he would be giving up before he had to, and he will have to rewrite it anyway if they rule against him. So there’s nothing really lost here.
I suppose one could argue suffering another legal setback would be harmful for his momentum and/or mandate. So would rewriting the order now (it would be admitting defeat before all options are exhausted) so that’s a push IMO.
It doesn’t hurt to try when all negativites are equal.
I agree. As my mom used to say, “there’s more than one way to skin a cat”.
Not that she would have ever actually skinned a cat.
If he doesn’t do an en banc, what recourse does he have, other than the SC or a new EO? In the interim, jihadists watch the news, and they’re busily stuffing “refugees” into the pipeline for admittance, to the eager welcomes of idiot snowflakes who will be disabused of their delusions the hard way, and they won’t be the only ones killed. The quicker the hole in the dike is plugged, the better for the US.