SCOTUS will pull the switch in time saves 9 as SCOTUS did under the threat from FDR!
If not, the DNI report due 12/18, the 45th day after Nov 3, as specified in the Sept 2018 EO will lead to the implementation of that EO.

This comes from applying the long held advice - 'those that do not remember the past, are doomed to repeat it' -

Advisedly, just saying, really!