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Trump administration tells Supreme Court travel ban block is 'radically overbroad'

061417 Lovelace DOJ responds travel ban
Acting solicitor general also told the justices that the case should not be considered moot because the ban never took effect in the first place. (AP Photo/Andrew Harnik)

The Trump administration urged the Supreme Court Wednesday to lift the "radically overbroad" blockade of the president's travel ban.

It also told the justices that the case should not be considered moot because the ban never took effect in the first place.

With the 90-day ban set to expire this week from the original effective date, Trump issued a memo Wednesday clarifying that the ban period should not start until the appeals court blockades of his ban are lifted.

The Trump administration previously asked the Supreme Court to review the travel ban litigation and remove the blockades. The travel ban at issue is a revised executive order that seeks to thwart nationals from six Muslim-majority countries — Iran, Libya, Somalia, Sudan, Syria and Yemen —from entering the U.S. for 90 days.

In filings on Wednesday, acting solicitor general Jeffrey B. Wall called the blockade of the travel ban "radically overbroad" and urged it to be lifted.

The injunction "inflicts irreparable injury on the government and the public," Wall wrote, adding that conditions in the six countries "'present heightened threats' of terrorism and diminish their governments' 'willingness or ability to share or validate important information about individuals seeking to travel to the United States.'

"The injunction nullifies that national-security judgment and compels the admission into this country of aliens whose entry the president has determined, in the exercise of authority expressly conferred by Congress, 'would be detrimental to the interests of the United States.'"

The Trump administration's new filings in the travel ban litigation come as the Supreme Court set a schedule that would allow it to be fully briefed before the end of the term. In setting its schedule that way, the Supreme Court is giving itself the opportunity to decide whether to take the case before the end of the month.

Trump is expected to visit the Supreme Court Thursday for the first time as president to witness Justice Neil Gorsuch's formal investiture ceremony.