Last time Donald Trump's Muslim ban got shot down by an appeals court and Trump threatened "SEE YOU IN COURT," the Justice Department instead decided to rewrite the inherently flawed ban.

Now that the rewritten order suffered an even more decisive and demoralizing rebuke by an "en banc" panel in the 4th Circuit, government lawyers really have no other option but to roll the dice at the nation's high court. AP writes:

The Trump administration has asked the Supreme Court to immediately reinstate its ban on travelers from six mostly Muslim countries and refugees from anywhere in the world, saying the U.S. will be safer if the policy is put in place.

The Justice Department filing to the high court late Thursday argued that lower courts that blocked the Trump policy made several mistakes, including relying on statements President Donald Trump made during the 2016 campaign.

Heh, government lawyers basically arguing judges should just ignore all Trump’s crazy campaign talk because, well, he’s a nut job. But it doesn't erase the fact that Trump railing against Muslims during the election effectively foreshadowed a policy outcome rooted in unconstitutional religious bias. Or as the 4th Circuit put, the order:

...in context drips with religious intolerance, animus, and discrimination.

Trump has essentially lost every major court battle over his ban, including three lower court rulings in Seattle, Hawaii, and Maryland, and two appeals courts decisions in the 9th and 4th Circuits.