No, it is not necessarily “forever tainted.” As discussed in my article, the judge expressly stated “it is not the case that the Administration’s past conduct must forever taint any effort by it to address the security concerns of the nation.” Rather, as suggested by the judge, and stated in my article, the taint can be removed, rather quickly, through “affirmative actions to neutralize” the messages showing discriminatory intent.
Of course, the President has quickly pursued the exact opposite course, personally attacking the “Obama judge” for the decision and saying that maybe we should go back to the first EO which is what he wanted to do in the first place. He has been saying all the things good lawyers would suggest to him he not say.
Surely you cannot expect the court, or any court, to ignore the context of the EO that includes all the statements described in the case? Context he is now adding to rather than mitigating.