I agree.  No matter what you feel about Trump's immigration policy, it would be a horrible legal precedent if this type of legal reasoning prevails.  The order needs to be evaluated on its language and how it is implemented, not just rhetoric from the campaign or the administration.  The first EO had problems both in terms of language and implementation, the second EO is much cleaner on both counts.   It could turn out that how the second EO is implemented over time amounts to a ban on muslims, at that point the anti-muslim rhetoric from the administration would become relevant.