[Farmer Dean]

This is a mistake.

[Buckeye McFrog]

Why are they wasting their time with this?
Bump it to SCOTUS.

[wiseprince]

Waste of time, write a new order!

[JerseyDvl]

BIG TIME MISTAKE. They are all nuts! Just rescind and re-write. IDK why Pres. Trump is perpetuating with this nonsense and setting the Executive up to be knee-capped by precedent that the 8 member SCOTUS will surely hand down.
Less than a month after being sworn in Trump is stumbling daily and NO, it’s not just the media narrative. It’s his inability to respond to this assault correctly. Guess he likes being cannon fodder for the lefties.

[Brilliant]

My suspicion is that now that the Virginia court has ruled he will simply play this out rather than issuing a new order. Most likely the VA appeals court will reverse so that if the ninth upholds the decision then he’ll have a conflict for the SCt to take jurisdiction.

[marktwain]

Makes sense. Replying to the Ninth costs little and may result in a win.

Not replying sets up a potential loss. Make them fight for it and show them to be partisan and stupid.

[\/\/ayne]

Will the 9th Circuit say "Yes, we are all idiots and partisans" or actually read the statute?

[CivilWarBrewing]

Trump should IGNORE any court ruling that usurps his presidential authority. The LAW is clearly stated and Trump is within his rights to carry on regardless what the courts say.

[veracious]

The only lawful response to lower courts, is that they have no jurisdiction.

USConstitution says SCOTUS has Original Jurisdiction.

Why do Pres. Trump and his advisors refuse to follow the law? Allowing low courts to say anything about the subject? This is weakening proper law in USA; eroding foundations.

[Nifster]

Somebody tell Trump to just write a new EO he won’t win in the ninth

[Teacher317]

This is the proper course of action. The Ninth knows that the decision as written is malarkey. Now the Chief Justice and 10 of the 29 can have a chance to save their own skins. It is opening another door to victory that wasn't there yet. There's no down side, and a massive potential upside.

If it goes to SCOTUS, the judges should knock it down easily... but then again, they were supposed to knock down ObamaCare, too.

[DannyTN]

Trump should halt the refugee program completely, while he challenges the court ruling.

Trump should issue a new executive order that limits refugee count to 35,000 or whatever has already come through. Thus stopping the refugee program for this year. He already limited it to 50,000 down from Obama’s 130,000 and it wasn’t challenged. He doesn’t even need an executive order to do this. He simply needs to write a letter to Congress informing them.

Now that the armchair pundits have had a chance to review the 9th ruling, Trump should go before the entire 9th with revised briefings. That way he will get any dissenting opinions in writing from that court before he goes to SCOTUS.

[tomkat]

Shut it ALL down for the time being .. redraft anything necessary in the interim and then, once Gorsuch is seated, take any challenges directly to the USSC.

/.02

---

Title 8 § 12 US Code Part II 1182 (f):
- - -
Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or non-immigrants, or impose on entry of aliens any restrictions he may deem to be appropriate.

U.S. Code › Title 8 › Chapter 12 › Subchapter II › Part II › § 1182 (f)

[emphasis added]

[MinuteGal]

The Ninth Circuit judges will select an 11-member en banc panel to hear the administration's case. A majority will prevail. There are 29 active judges in the Ninth...and, believe it or not, the three judges who ruled against Pres. Trump's position in the first place can be selected from the pool for this panel!

When we learn the names of the eleven, we can determine their political roots for a clue. I'm not at all optimistic seeing that the Ninth is the most liberal circuit in the U.S. of A.

Leni