President Trump examines several options on travel ban

President Trump examines several options on travel ban

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It is back to the drawing board. There is a new game plan for President Trump's travel ban. A federal appeals court ruled Thursday against reinstating it. The Trump administration is now looking at making revisions and is examining several options.

"We'll win that battle," President Trump said. "The unfortunate part is it takes time statutorily, but we will win that battle."

President Trump hinting his next move Friday. 

"But we also have a lot of other options, including just filing a brand new order on Monday," he said.

However, the president wouldn't say definitively that's what he's going to do. 

"Could very well be," he said.  "But I like to keep you. I like to surprise you.  We need speed for reasons of security, so it could very well be that we do that."

Texas Tech law professor Arnold Loewy thinks he needs to make some changes.

"Certainly that is what people including some smarter than me seem to be advising him to do," he said. "And it does seem to me to make some sense."

Loewy said the president could do many things including appeal to the Supreme Court. 

"It is not likely he would win," Loewy said.  "He has not lost on the merits yet. In order to win, he would have to win five out of eight justices, and that doesn't seem real likely."

FOX34 Legal Analyst Curtis Parrish explains what would happen if the Supreme Court ends up with a split ruling.

"Whatever is the rule from the lower court is what stands," he said. "So, the Trump administration would lose on the executive order. "I'm kind with the belief that the Supreme Court may deal with trump's executive order and deem it unconstitutional."

Loewy thinks the president doesn't need to take his case to the Supreme Court. He said there are two main issues with the current order. 

"One is the executive power to do it, and two the wisdom of it," he said. "There is a difference of something be stupid and something be unconstitutional it is possible that this is both."

The federal appeals court that refused to reinstate the travel ban will vote on whether to have a larger panel of judges reconsider the ruling. A majority of the court's 25 active judges would have to vote in favor of rehearing the case

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