The 9th Circuit Court of Appeals on Monday released an order indicating it will likely hear arguments in May about a Hawaii judge’s order to block President Trump’s revised travel ban.
The Justice Department responded to the initial restraining order with a request to stay the injunction on a temporary basis, according to a report published Monday evening in Politico. The federal government’s request will be considered by the three-judge panel at the same time as the Hawaii order.
The case is the second of its kind scheduled to go before a higher court in coming weeks. In Hawaii’s case, the judge ruled in favor of the state prosecution’s move to block the order’s 120-day suspension of refugee admissions and studies on visitors to the U.S.
The 4th Circuit Court of Appeals in Richmond, Va., announced in March that it will hear arguments on an aspect of Trump’s revised travel ban on May 8 and could rule on whether to uphold the Justice Department’s request for a stay in the first week of April.
Both circuit courts are considering skipping these next steps and sending the cases to the full 15-judge bench.
Trump’s second executive action on immigration went into effect on March 16. However, the Trump administration would need both lawsuits to clear for its order to be fully carried out.
The issue could reach the Supreme Court by mid-May. While the Senate is expected to vote on Trump’s Supreme Court nominee Neil Gorsuch later this week, the current makeup of the highest court could put Trump’s order in jeopardy.
