After losing last night in a not so shocking 3-0 decision, courtesy of the 9th Circuit Court of Appeals, the White House is rumored to be redrafting its travel ban executive order this morning with more specific language to address concerns raised by the court. The report of a redraft comes from Joe Scarborough of MSNBC, who cited unnamed sources, so, as always, the information must be taken with a grain of salt. Here is what Scarborough told viewers earlier this morning:
“I’ve heard from several sources that the White House is right now working on redrafting an executive order but want to make sure that it is tight enough to pass.”
Meanwhile, Trump once again blasted the 9th Circuit’s “disgraceful decision” over Twitter early this morning:
Scarborough’s reporting this morning came after he released a tweet storm last night calling for a redraft of the controversial executive order while also blasting the 9th Circuit’s decision.
Of course, Trump seemed to be ready for an immediate fight last night tweeting in all caps: “SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!”
For those interested, we wrote a very thorough review of the 9th Circuit’s decision last night (see “Court Of Appeals Unanimously Rejects Trump’s Travel Ban: Full Ruling“). Here is the summary of the court’s decision:
“We hold that the government has not shown a likelihood of success on the merits of its appeal, nor has it shown that failure to enter a stay would cause irreparable injury, and we therefore deny its emergency motion for a stay.”
The three-judge panel hearing the case included Judges William C. Canby Jr., a Jimmy Carter appointee; Richard R. Clifton, a George W. Bush appointee; and Michelle T. Friedland, a Barack Obama appointee.
“Rather than present evidence to explain the need for the Executive Order, the Government has taken the position that we must not review its decision at all. We disagree,” they wrote.
“In short, although courts owe considerable deference to the President’s policy determinations with respect to immigration and national security, it is beyond question that the federal judiciary retains the authority to adjudicate constitutional challenges to executive action.”
That Gorsuch confirmation can’t come soon enough for the Trump administration.

Reblogged this on Brittius.
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