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Pablo Martinez Monsivais / AP

President Trump now faces one of his biggest choices so far: Double down on his executive order, which a federal appeals court eviscerated last night as poorly drafted, overly broad and overreaching. Or does he hit pause and come up with tighter, more defensible entrance restrictions for entrance by migrants?

Many legal experts say a more careful executive order could actually stand — that much of the policy behind Trump's current order is defensible. Rather it was the haste and harshness that undermined it — combined with the mood music of his attacks on the judiciaryn — and his December 2015 call for "a total and complete shutdown of Muslims entering the United States until our country's representatives can figure out what is going on."

  • Trump's tweet: "SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!"
  • In a conversation with reporters in a West Wing hallway, Trump expressed confidence: "We have a situation where the security of our country is at stake and it's a very, very serious situation, so we look forward ... to seeing them in court. ... We're going to win the case."
  • What's next: It's not clear which court Trump was referring to. Last night's unanimous ruling by a three-judge panel of the 9th Circuit Court of Appeals was on the temporary restraining order by the federal judge in Seattle. Before the administration appeals to the Supreme Court, the case could go to the full appeals court (or even back to the panel), or return to Seattle for more hearings.
  • NPR's Nina Totenberg told MSNBC's Rachel Maddow that the current Supreme Court, currently split 4-4, is unlikely to want to take the case immediately, partly because the justices will want more of a record to consider.
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Go deeper

"Atmospheric river" to whiplash Northern California from drought to flood

A map depicting 24-hour preciptation forecast (inches) ending Monday at 5a.m. local time. Photo: NOAA

A series of powerful "atmospheric river" storms are set dump historic amounts of rainfall across parts of drought-stricken California and the Pacific Northwest from this weekend, forecasters warn.

Why it matters: A strong atmospheric river, packing large amounts of moisture, is predicted to whiplash Northern California from drought to flood.

10,000 trees near giant sequoia groves to be removed after fires

A firefighter looks up at a giant sequoia tree after fire burned through the Sequoia National Forest near California Hot Springs, California, on Sept. 23. Photo: Patrick T. Fallon/AFP via Getty Images

"Upwards of" 10,000 trees near giant sequoia groves have been "weakened by drought, disease, age, and/or fire" and must be removed in the wake of California's wildfires, the Sequoia and Kings Canyon National Parks announced.

Why it matters: The damage to these trees, considered "national treasures," and work to remove them means a nearby key highway must remain closed to visitors as they have "the potential to strike people, cars, other structures, or create barriers to emergency response services," per a statement from the national parks.

Obama stumps for McAuliffe, urges Virginians not "to go back to the chaos"

Photo: Win McNamee/Getty Images

Former President Barack Obama framed a Nov. 2 gubernatorial race as a bellwether for the Democratic Party and the country, telling a crowd at a campaign event for Terry McAuliffe on Saturday that "I believe you, right here in Virginia, are going to show the rest of the country and the world that we're not going to indulge in our worst instincts."

Why it matters: With just over a week to go before Election Day in the Commonwealth, McAuliffe is bringing out the big guns. The 44th president appeared on the campus of Virginia Commonwealth University to urge supporters to get to the polls.