President Trump's administration formally petitioned the Supreme Court to hear arguments over his travel ban in an expedited fashion and restore the ban immediately.
The filing indicates Trump's team wants the high court to review the petition quickly so that arguments could begin promptly at the start of the next term. Scheduled oral arguments have ended for the existing term, which concludes this month.
"Regardless of whether a stay is granted, the government respectfully requests expedited briefing and consideration of its petition of a writ of certiorari," said the Trump team on Thursday. "In that manner, if the petition can be considered before the Court adjourns, and if the Court grants review, merits briefing could be completed by the beginning of the next Term, thereby avoiding further delay in the final resolution of the exceptionally important issues presented."
The petition asks the high court to review the legality of the lower-court blockade of Trump's ban, whether the ban violates the Establishment Clause of the Constitution, and whether the blockade of the ban is "impermissibly overbroad."
Trump has made multiple attempts to implement his ban and has been slapped down each time. Trump's second executive order refining his ban prevents nationals of six Muslim-majority countries — Iran, Libya, Somalia, Syria, Sudan and Yemen — from entering the United States for 90 days. A district court judge in Maryland blocked the provision of the newest order that applies to foreign citizens from the six countries listed in the order, and the government subsequently appealed the decision to the 4th Circuit Court of Appeals.
The Trump team's request for review from the Supreme Court comes after the 4th Circuit Court of Appeals kept in place a lower-court blockade of the travel ban. Litigation before the 9th Circuit Court of Appeals remained pending. Attorney General Jeff Sessions subsequently said the Justice Department would appeal to the Supreme Court.