That is, Mr. Trump cannot walk away from his very public, on the record statements -- about banning Muslims, and about preferring foreign Christians. Those statements are on record. They are powerful evidence of religious and perhaps racial animus. So it won't really matter what his new order says, in the end. He will have to overcome the evidence he himself created, from his own mouth -- that makes the order an unconstitutional exercise of tyrannical overreach.
That said, there was a teleconference in Seattle yesterday, to set trial level schedules. So now the so-called Rule 26 conference will occur on March 15 -- five days after the government's brief is due in the appellate court, before the Ninth Circuit panel. And the issues argued -- in both will likely not abate, in any real way, due to the signing of any newly-modified executive order by 45 (in my experienced opinion). Here's the bit:
. . . .MINUTE ENTRY for proceedings held before Judge James L. Robart - Dep Clerk:
Telephone Conference held on 2/28/2017 re: defendants' request to extend deadlines in the court's Order Regarding Initial Disclosures and Joint Status Report (Dkt. # ). For the reasons stated on the record, the court grants the request. The deadlines are extended as follows: FRCP 26(f) Conference Deadline extended to 3/15/2017, Initial Disclosure Deadline extended to 3/29/2017, Joint Status Report due by 4/5/2017. . . .
Now you know. Onward, with night falling on Ash Wednesday -- it is in the books. . .