Alan Dershowitz was on CNN tonight and explained what Trump should do next and it’s not to appeal this to the Supreme Court.
Watch:
Dershowitz explains that Trump’s executive order will be tied of up the courts for weeks, if not months on appeal. So if Trump is right and this is really a matter of national security, then Trump should rescind the order and start over from scratch with his new Attorney General and perhaps some members of Congress and write one that will not fail in the courts.
I disagree with him though that Trump will have to admit he’s wrong. Trump will never do that even if he rewrites it, he’ll just blame the activist courts.
I suspect that Trump will continue with the appeal to SCOTUS and try to get it rushed through. The 9th circuit ruling should never be allowed to stand. If he’s lucky the court will rule that Washington State doesn’t have standing and defer to Trump. The problem is that there’s only eight on the bench and if it passes standing and the end result is a tie, then the 9th circuit ruling does stand. So it’s risking taking it to SCOTUS right now.