Best option based on ... what?
Getting the moratorium in place?
Or protecting the Executive Branch's powers to protect the Country?
Re-write addresses the first, not the second. Rather, re-write cedes power from the Executive to the Judicial via setting a precedent. That's all the courts will ever need to intervene again in the future.
I don't know about you, but I damn' sure don't trust people who don't receive Intelligence briefings or understand the threats against this country with that kind of power.
The Judge is wrong on this. That is the gutless easy out. Wht we must do is end these tyrants of the robes. They cannot be allowed to simply make up law. They MUST be held to account for their malfeasance.
Once you allow Judges to get away with this sort of complete politicization of the law, the Republic is finished.