Syndicated Columnist Charles Krauthammer told “Special Report with Bret Baier” viewers Friday that the administration should rewrite the immigration executive order or “have a new one.”

“The fact is they’ve lost the case in the most liberal circuit in the country, they've lost it at the district level and for now the Supreme Court is deadlocked,” said Krauthammer. “In other words, the case is stacked against ‘em.”

The Ninth Circuit Court of Appeals ruled Thursday evening to not grant a stay on a U.S. District Court’s decision that temporarily bans enforcement of the executive order. The White House has the option of appealing to the Supreme Court, but President Trump also suggested aboard Air Force One Friday that they could write a new version of the executive order.

“You’ve gotten essentially the feedback of the Ninth Circuit, so you know what will pass muster and what wont,” said Krauthammer. “For example, from the beginning, you exclude the holders of green cards, and then what you do is you slow walk the appeals case and you fast walk the nomination of Gorsuch"