Trump Administration Wants Travel Ban in Effect While Case is Considered
Mar 28 2017 by Joanne Wise
The full US 4th Circuit Court of Appeals will consider hearing arguments on the Trump administration's revised executive order on travel and refugees, potentially fast tracking the appeals process.
The states are urging the 4th U.S. Circuit Court of Appeals to overturn a lower court judge's ruling that blocked part of the president's revised executive order.
An order filed Monday for the court asks the Trump administration and the organization challenging the order to file briefs by Thursday "stating their position on the appropriateness of initial en banc review in this case". "Instead, the States and their elected officials rely on the federal Executive Branch to carry out that function, pursuant to the laws of Congress. Congress delegated to the Executive Branch significant authority to prohibit aliens' entry into the country, and the challenged Executive Order is a lawful exercise of that authority".
Trump made a decision to appeal Maryland's order so his administration's appeal will happen in the 4th Circuit Court covering the state.
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The filing includes the attorneys general of Alabama, Arizona, Arkansas, Florida, Kansas, Louisiana, Montana, Oklahoma, South Carolina, South Dakota, Texas and West Virginia and Mississippi Gov.
Normally, such an appeal from a trial court's decision would be heard by a randomly assigned panel of three judges on the 4th Circuit Court of Appeals, which hears cases from Maryland, Virginia, West Virginia, North Carolina and SC.
District judges in Hawaii and Maryland issued separate orders earlier this month blocking Trump's order hours before it would have taken effect. Citizens from Iran, Libya, Somalia, Sudan, Syria and Yemen are temporarily barred from entering the country under the order, though there are exceptions.
The brief argues the courts are infringing on Trump's constitutional ability to make national security decisions by blocking his order.