On Monday night, the Department of Justice asked the federal appeals court to restore Donald Trump’s temporary travel ban. This came three days after a federal judge in Washington halted the ban with a nationwide stay.
Fox News reported that lawyers for the Justice Department argued that U.S. District Judge James Robart’s stay was “vastly overbroad” and that Trump’s order about the ban was “a lawful exercise of the President’s authority over the entry of aliens into the United States and the admission of refugees.”
Lawyers for Minnesota and Washington, the two states challenging the ban, argued on Monday that the resumption of it would “unleash chaos again,” separating families and stranding university students. The appeals court refused to immediately reinstate the ban, and oral arguments are set to continue today.
After the appeals court makes their decision, either side can ask the Supreme Court to intervene. However, it might be difficult for the Supreme Court to come to a majority decision on this case, as they have often found themselves split down the middle since Justice Antonin Scalia’s death last February. The last immigration case that went to the Supreme Court split them 4-4.
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