Instead, the administration will start from scratch, issuing a new executive order, the department said. The Justice Department said that the panel’s decision was riddled with errors but that the flaws it noted would be addressed in the new executive order. In its brief, the Justice Department urged the appeals court to await the new order and then vacate last Thursday’s decision. In calling for a legal do-over, the Justice Department avoided a Supreme Court test of the original executive order. Even if the Ninth Circuit agrees to vacate the panel’s decision, challenges to the original executive order will continue in other courts.

Source: New York Times February 16, 2017 21:44 UTC