US President Donald Trump will not seek a rehearing of a decision that shut down his travel ban and will issue a new executive order next week, the Justice Department said.
Last Thursday, a three-judge panel of the Court of Appeals for the Ninth Circuit in San Francisco, blocked the original executive order, which suspended the nation’s refugee programme as well as travel from seven Muslim-major countries, Washington Post reported.
The panel noted that the original ban was unlikely to survive constitutional scrutiny.
The Justice Department said that the panel’s decision was riddled with errors but that the flaws it noted would be addressed in the new executive order.
“Rather than continuing this litigation,” the Justice Department’s brief said, “the president intends in the near future to rescind the order and replace it with a new, substantially revised executive order to eliminate what the panel erroneously thought were constitutional concerns.”
“In so doing,” the brief said, “the president will clear the way for immediately protecting the country rather than pursuing further, potentially time-consuming litigation.”
In a news conference on Thursday, Trump said the new executive order would be issued next week.