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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Updated 4 hours ago - Politics & Policy

Coronavirus dashboard

Illustration: Aïda Amer/Axios

  1. Global: Total confirmed cases as of 4:30 p.m. ET: 21,020,216 — Total deaths: 761,393— Total recoveries: 13,048,303Map.
  2. U.S.: Total confirmed cases as of 4:30 p.m. ET: 5,289,323 — Total deaths: 167,948 — Total recoveries: 1,774,648 — Total tests: 64,831,306Map.
  3. Health: CDC: Survivors of COVID-19 have up to three months of immunity Fauci believes normalcy will return by "the end of 2021" with vaccine — The pandemic's toll on mental health.
  4. Business: How small businesses got stiffed — Unemployment starts moving in the right direction.
  5. Cities: Coronavirus pandemic dims NYC's annual 9/11 Tribute in Light.
  6. Politics: Biden signals fall strategy with new ads.

Harris: "Women are going to be a priority" in Biden administration

Sen. Kamala Harris at an event in Wilmington, Del. Photo: Drew Angerer/Getty Images

In her first sit-down interview since being named Joe Biden's running mate, Sen. Kamala Harris talked about what she'll do to fight for women if elected VP, and how the Democrats are thinking about voter turnout strategies ahead of November.

What they're saying: "In a Biden-Harris administration women are going to be a priority, understanding that women have many priorities and all of them must be acknowledged," Harris told The 19th*'s Errin Haines-Whack.

Facebook goes after Apple

Illustration: Lazaro Gamio/Axios

Facebook is seeking to force a face-off with Apple over its 30% in-app purchase commission fee, which Facebook suggests hurts small businesses struggling to get by during the pandemic.

The big picture: Facebook has never publicly gone after Apple, a key strategic partner, this aggressively. Both companies face antitrust scrutiny, which in Apple's case has centered on the very fee structure Facebook is now attacking.