Update, 6:20 p.m.: The White House has apparently changed its mind again and may appeal to the Supreme Court after all.
NBC News and The Hill are both reporting that a White House official has said Trump won’t be appealing to the Supreme Court the 9th Circuit decision not to reinstate his “Muslim ban.”
BREAKING: White House doesn’t plan to take stay of Trump’s immigration ban to Supreme Court, plans to defend its merits – @NBCNews
— CNBC Now (@CNBCnow) February 10, 2017
This doesn’t mean, however, that the ban is dead—it only means the stay against enforcement of the ban will continue until the constitutionality of the executive order itself is ultimately decided in court on the merits.
WH does *not plan to take temp restraining order on immigration EO to SCOTUS, will focus on defending order on merits, per WH official
— Peter Alexander (@PeterAlexander) February 10, 2017
Earlier Friday, CNN reported that Trump is considering a revised executive order.
This is a developing story. We’ll update when more news is available.