The Department of Justice is weighing whether or not to appeal a decision issued by the Ninth Circuit Court of Appeals to deny reinstating President Donald Trump’s immigration order while its legality is established, according to multiple reports Friday.
That’s because the White House is apparently rewriting the controversial executive order — which temporarily bans immigration from six predominantly Muslim countries and permanently from Syria — so that it has a better chance of withstanding legal challenges.
Trump tweeted on Thursday night that he intends to appeal the Ninth Circuit’s decision: “SEE YOU IN COURT,” he wrote shortly after the judges issued their 29-page opinion. But he wavered on that pronouncement Friday, saying he “very well could” issue a “brand new order” next week.
Legal experts say rewriting the order is likely a much better option for the Trump administration than sticking with the “extreme vetting” order in its current form, which would likely result in more litigation.
“There are a variety of things the government could do to help their case. It’s just a matter of how much they’re willing to change the executive order,” said Stephen Yale-Loehr, a professor of immigration law at Cornell University…. see more