The Supreme Court requires the courts to consider the context in which a policy has arisen.  While campaigning, Trump said he would ban all Muslims from entering the US.  Rudolph Giuliani explained on television how the Executive Order came to be. He said: “When [Mr. Trump] first announced it, he said, ‘Muslim ban.’ He called me up. He said, ‘Put a commission together. Show me the right way to do it legally.’” Subsequently, the President’s Senior Adviser, Stephen Miller, stated, “Fundamentally,[despite “technical” revisions meant to address the Ninth Circuit’s concerns in Washington,] you’re still going to have the same basic policy outcome [as the first].”

Judge Watson applied the laws of the United States in issuing his TRO against Trump's revised executive order.