The Department of Justice is planning to take the latest ruling against President Trump's travel ban to the U.S. Supreme Court.
"The Supreme Court has stepped in to correct these lower courts before, and we will now return to the Supreme Court to vindicate the executive branch's duty to protect the nation," a Justice Department spokeswoman said in a statement.
The three-judge panel of the 9th Circuit Court of Appeals rejected the Trump administration's interpretation of who is permitted to enter the country under the travel ban on Thursday.
"Stated simply, the Government does not offer a persuasive explanation for why a mother-in-law is clearly a bona fide relationship, in the Supreme Court's prior reasoning, but a grandparent, grandchild, aunt, uncle, niece, nephew, or cousin is not," the 9th Circuit Appeals Court said . "[T]he Government's assertion that the modified injunction renders the Court's stay order inoperative is false. ... The district court did not abuse its discretion with regard to this portion of the modified preliminary injunction."
The unanimous ruling declines to overturn a lower court's ruling that the executive order was taking too narrow a view of an exception made by the Supreme Court in June.
The travel ban blocks travelers from six majority-Muslim countries — Iran, Libya, Somalia, Sudan, Syria, and Yemen — from entering the U.S. for 90 days. It also stops the flow of refugees from around the world into the U.S. until mid-July.
Arguments before the Supreme Court are set for Oct.10.