Last night, Donald Trump got some bad news when the 9th Circuit Court ruled against reinstating his travel ban. Now, his White House is redrafting the order in a way that could take effect immediately and be more resistant to legal challenge.
Daily Mail reported that when a White House official was asked if the president was considering signing a new executive order on immigration, he responded by saying, “Nothing’s off the table.”
“They may go back and revise this executive order that that is a possibility that no options are being essentially taken off the table at this point,” CNN reporter Jim Acosta said Friday morning.
In redrafting the order, the Trump administration will likely try to correct several elements of the order that have drawn scrutiny in court. White House lawyers can either come up with a new order or continue fighting in court for the old one.
This came after Fox News judicial analyst Judge Andrew Napolitano called the ruling “an intellectually dishonest piece of work.”
“The statute specifically says the president on his own, by proclamation, meaning he doesn’t have to consult with anybody else, can make the decision,” Napolitano said, according to Breitbart. “The decision to ban is not reviewable. Judges are incapable of second-guessing the president on it. For that reason, he may be thinking the Supreme Court is going to invalidate it.”
“I don’t know which way the Supreme Court is going to go and I don’t know which court he had in mind, but this is an intellectually dishonest piece of work the 9th Circuit has produced tonight because it essentially consists of substituting the judgment of three judges for the President of the United States when the Constitution unambiguously gives this area of jurisdiction, foreign policy, exclusively to the president,” he added.
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