A federal appeals court in San Francisco that declined to reinstate President Donald Trump’s ban on travel from seven predominantly Muslim countries might take up the issue again at the request of one of its judges.
On Thursday, a three-judge panel of the 9th U.S. Circuit Court of Appeals unanimously turned down the Trump administration’s bid for an emergency stay of a lower court order suspending the ban.
Today, one of the judges asked the court to vote on whether an expanded 11-judge bench should reconsider the order issued by the panel.
The plaintiffs (the states of Washington and Minnesota) and the defendants (President Donald Trump and his administration) have been told to file briefs on whether the court should reconsider the order by 11 a.m. on Feb. 16.
Trump has repeatedly vowed to press the issue and told reporters today aboard Air Force One that he’s confident of eventually prevailing.
“We will win that battle. … The unfortunate part is that it takes time statutorily, but we will win that battle. We also have a lot of other options, including just filing a brand new order.”
Trump said he might sign such an order on Monday or Tuesday.
The original ban was issued by Trump as an executive order on Jan. 27. It barred visitors and refugees from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen from entering the United States for 90 days.
It also sought to stop refugees from all countries for 120 days and exclude Syrian refugees indefinitely.
Critics called the order a Muslim ban and the states argued that it was discriminatory and denied visitors and residents due process, among other things.