While the enforcement of the revised executive order remains blocked, the juxtaposition of the recent court rulings shows there could be hope yet for the administration’s policy, which has thus far been mostly losing what is expected to be long and drawn out legal fight.
“It’s certainly a moral and political victory,” said Curt Levey, a constitutional law attorney with FreedomWorks and the Committee for Justice.
The magnitude of the case, which raises constitutional questions about religious discrimination as well as the scope of the president’s authority on immigration and national security, coupled with the potential for split appellate court rulings almost guarantees a path toward the Supreme Court, Mr. Levey said. And having at least one ruling in the administration’s favor will be helpful as cases challenging the order move forward.