Judge says Donald Trump travel ban case can proceed in lower court
SEATTLE: A lawsuit by Washington state and Minnesota challenging President Donald Trump's travel ban will proceed as an appellate court considers a preliminary injunction in the case, a federal judge in Seattle ruled Monday.
The Justice Department had wanted the case put on hold while the 9th US Circuit Court of Appeals decides whether a larger, 11-judge panel will review a government request to allow the ban.
But US District Judge James Robart, who previously issued a temporary restraining order halting the ban, said the lawsuit can go forward.
A three-judge federal appeals court panel last week refused to toss out the injunction and reinstate the travel ban. The panel unanimously rejected the administration's claim of presidential authority in the matter.
Trump's ban involves travelers from seven predominantly Muslim nations.
Washington and Minnesota argued that formal evidence gathering should begin immediately in the case. The states said that process wouldn't interfere with any review by appellate courts.
Trump's initial executive order sparked protests nationwide and confusion at airports as some travelers were detained.
Last week, the three-judge appellate panel sided with Washington and Minnesota, which say the ban illegally targets Muslims. Justice Department lawyers say it is intended to prevent terrorism and can't be second-guessed by courts.
Trump's ban temporarily suspended the nation's refugee program and immigration from Iran, Iraq, Libya, Somalia, Syria, Sudan and Yemen _ nations that have sparked terrorism concerns.
The 9th Circuit panel said the administration failed to show that the order met constitutional requirements to provide notice or a hearing before restricting travel, and that the administration presented no evidence that any foreigner from the seven countries was responsible for a terrorist attack in the US.
The Justice Department had wanted the case put on hold while the 9th US Circuit Court of Appeals decides whether a larger, 11-judge panel will review a government request to allow the ban.
But US District Judge James Robart, who previously issued a temporary restraining order halting the ban, said the lawsuit can go forward.
A three-judge federal appeals court panel last week refused to toss out the injunction and reinstate the travel ban. The panel unanimously rejected the administration's claim of presidential authority in the matter.
Trump's ban involves travelers from seven predominantly Muslim nations.
Washington and Minnesota argued that formal evidence gathering should begin immediately in the case. The states said that process wouldn't interfere with any review by appellate courts.
Trump's initial executive order sparked protests nationwide and confusion at airports as some travelers were detained.
Last week, the three-judge appellate panel sided with Washington and Minnesota, which say the ban illegally targets Muslims. Justice Department lawyers say it is intended to prevent terrorism and can't be second-guessed by courts.
Trump's ban temporarily suspended the nation's refugee program and immigration from Iran, Iraq, Libya, Somalia, Syria, Sudan and Yemen _ nations that have sparked terrorism concerns.
The 9th Circuit panel said the administration failed to show that the order met constitutional requirements to provide notice or a hearing before restricting travel, and that the administration presented no evidence that any foreigner from the seven countries was responsible for a terrorist attack in the US.
