EatLeadCommie
Tommy Elrod
I don't see how this defeats the legal concerns. The claim made in the first round of challenges was that the EO was enacted with discriminatory intent. The Seattle judge, at least, seemed to largely accept this argument, and the Ninth Circuit indicated that it was open to it too, even though it didn't rule on that point. This is a ban by the same President, who said the same things about Muslims before the election, that does largely the same thing as the first ban. While they tried to take the obviously discriminatory things out (the religious provision), nobody has forgotten what the first EO said. It's hard for me to see how anyone can say that there isn't the same intent behind this one as there was behind the first one
The 9th circuit was the only one to address it specifically, and it did so with minimal specificity. In any case, you can't pick and choose what you choose to believe when determining animus and ignore something expressly stated in the EO. Besides, the current EO correctly points out that the plain language doesn't distinguish between religions or sectarian violence (Sunni/Shia) within Islam.
This guts the 9th circuit decision by rendering moot the TRO on the major points that it did address with actual legal backing-- namely the LPR and visa issues. It may still contend that there is religious animus, but only because they're morons.