circuit, attorneys at the counsel's office, the department of justice and dhs have been working very hard to write a new executive order that released probably thursday or friday, one that they believe will be judicially airtight. listen to spicer today. >> the next big piece in the immigration profile here that the white house will be the new executive order. is the president confident this will pass legal muster? >> we're confident that we're still going to prevail on the merits of the case. as was seen in the case of massachusetts, once it's fully adjudicated, we'll prevail. the authority is granted to the president to do what he has to to protect the country. >> there's an interesting angle here, shep. what sean spicer said they're going to continue with the court case. judge napolitano has said over and over again they should rescind the first order which would render the course cases moot. it would remove it from