Donald Trump's First 100 Days Live

Tracking the start of the Trump presidency

  • States, Justice Dept. set to argue whether Trump's travel ban should stay suspended
     

    — By Camila Domonoske, NPR
     
    The 9th U.S. Circuit Court of Appeals heard arguments Tuesday evening over whether President Trump's travel ban should remain on hold or go back into effect.
     
    Trump's executive order temporarily barred visa holders from seven majority-Muslim countries, as well as all refugees, from entering the country. It was signed on Jan. 27 and quickly challenged by an array of lawsuits.

    One of those cases resulted in a temporary restraining order, blocking the ban — for now — from going into effect. It's that restraining order, not the ban as a whole, that lawyers will be arguing over Tuesday.
     
    A three-judge panel heard the arguments telephone at 5 p.m. CST.
     
    You can stream the hearing here:
     
     Here are a few things to know before the arguments get going:
     
     

    How did we get here?


    Trump's original executive order bars travelers from Iraq, Iran, Syria, Yemen, Sudan, Libya and Somalia for 90 days, suspends new refugee admissions for 120 days, and blocks refugees from Syria indefinitely.


    The White House denies that this amounts to a "Muslim ban," as Trump called for during the presidential election. But all seven of the listed countries are majority Muslim. The order calls for the eventual prioritization of refugee claims from people of "minority religions" in their country of origin — and in an interview Trump said that Christians from the Middle East would be prioritized.
     
    On Jan. 30, Washington became the first state to sue the administration, arguing that the order is discriminatory and violates the Constitution as well as federal law. (The lawsuit is one of many challenging the travel ban.)

    That case — with Minnesota joining Washington — resulted in Judge James L. Robart siding with the states in granting a temporary restraining order that blocked the ban from being enforced until the court case could move forward.
     
    The Department of Justice asked the 9th U.S. Circuit Court of Appeals to immediately reinstate the ban. The court refused to immediately intervene but asked the states and the DOJ to make more arguments for and against the restraining order.

    Both sides have filed briefs to try to make their case.
     
    Who are the judges who will decide?
     
    The arguments on each side will be presented to a three-judge panel of the 9th Circuit: William Canby Jr., Richard Clifton and Michelle T. Friedland.
     
    Canby was appointed by Jimmy Carter, Clifton by George W. Bush and Friedland by Obama.
     
    What happens next?
     
    As the appeals court considers the DOJ's request to reimpose the executive order, the case continues to move forward at the district level.
     
    A host of other lawsuits challenging the executive order are also unfolding across the country — The Hill reports that there are more than 50 such lawsuits brought by state attorneys general, religious groups and individuals.

    Eventually, one of the cases might well make it before the U.S. Supreme Court. Bob Ferguson, the attorney general of Washington state, told NPR's Michel Martin he sees that as "entirely possible."
     
    As NPR's Nina Totenberg has reported, Senate Democrats have signaled that the executive order might factor into confirmation hearings for Judge Neil Gorsuch, Trump's nominee for the court's open seat, as they weigh his position on the legality and constitutionality of the travel ban.
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