Trump can rescind the previous EO.
Then issue a new one that doesn’t include Green Card holders (the sole basis of the 9th Circuit decision).
Then file suit in a Republican-friendly district asking for judicial review of his own order. Forum shop it. Then win in Court.
I actually think Trump is setting up Democrats to replace Ginsberg (who is dying) with another judge from his List of 20.
Now he can say, “Look at these active judges who are thwarting the will of the public who elected me! We need conservative judges.”
Trump may get a total of 5 picks to the SCOTUS if he stays 8 years.
Courts don’t provide advisory opinions. It has to a real controversy.
But it’s a good idea. Revise it then have someone file for a TRO in a friendly court. Denied. Then they would file somewhere else.
I don't disagree that he should issue a new EO, but very sadly (and very dangerously) the "US Persons" issue is NOT the sole basis of their decision. The 9th also invests in foreign nationals who are not "US Persons" due process protections.
This is why I believe Trump should issue a new EO, and not proceed to SCOTUS at this time. This CANNOT be even allowed to get anywhere close to the possibility that a 4-4 tie makes this abomination into US case law.