The Justice Department filed a brief in the 9th U.S. Circuit Court of Appeals defending President Trump’s executive order that had temporarily suspended immigration from seven countries in the Middle East and North Africa.
Three West coast judges will hear oral arguments from both sides in an hour-long telephone hearing set for Tuesday evening.
Justice lawyers are expected to ask the San Francisco-based court to reinstate Trump’s ban on refugees and asylum seekers from Somalia, Iran, Iraq, Sudan, Syria, Libya and Yemen, though text of the legal document has not been made public yet. The decree is set to expire 90 days from its start date on Jan. 27. Trump’s team will argue the president has the authority to control who enters the country, not the courts.
Last Friday, Seattle-based U.S. District Judge James Robart ruled in favor of a lawsuit by Washington Attorney General Bob Ferguson, who took action on certain provisions in the executive action. Robart’s restraining order was granted on a national level and took effect immediately.
Ferguson’s 19-page complaint stated Trump’s order violated aspects of religious freedom and equal protect, as outlined in the Constitution. Minnesota joined Washington’s suit earlier this week. A handful of states have also announced separate legal action in response to Trump’s temporary immigration ban.
On Saturday, the Trump administration pushed back against the judge’s ruling. By Sunday, the federal appeals court denied the Justice Department’s request the travel ban be reinstated.
The former George W. Bush-appointed judge’s order will likely lead to a circuit split due to an opposite ruling by a Boston judge on Friday, forcing the matter to be decided by the Supreme Court.
At this time, the Supreme Court is comprised of eight members. Trump nominated Judge Neil Gorsuch last week to replace the late Justice Antonin Scalia. Pending his Senate confirmation, a possible Supreme Court decision on Trump’s travel ban could take place before Gorsuch’s vote takes place.
