The Ninth Circuit Court will toss Wednesday's decision by a federal judge extending the order that blocks President Donald Trump's travel ban, Larry Klayman, founder of government watchdog group Freedom Watch, told Newsmax TV.
With the case now before the 9th U.S. Circuit Court of Appeals in San Francisco, the administration will be fighting to reinstate the revised order in two appellate courts on opposite ends of the country. Department of Justice attorney Chad Readler also said that a freeze on the USA refugee program had no effect on Hawaii, to which Watson rebutted that 20 refugees had been resettled in Hawaii since 2010.
The appeal moves the whole process closer to the Supreme Court, CBS News' chief justice correspondent Paula Reid reports. Government lawyers have vowed to appeal the kind of order that Judge Watson issued on Wednesday, but have not yet disclosed what procedure they will use.
Hawaii Attorney General Douglas Chin says he expected the government to appeal. The court rejected the administration's argument that judges had no authority to second-guess presidential decisions on immigration and national security.
Trump's revised travel ban aims to close USA borders to nationals of Iran, Libya, Somalia, Sudan, Syria and Yemen for 90 days, and all refugees for at least 120 days.
U.S. District Court Judge Derrick Watson (shown) of the Federal District Court in Honolulu issued an order on March 29 converting his March 15 temporary restraining order against the Trump administration to a longer-term preliminary injunction.
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The Ninth Circuit upheld the judge's decision in a 3-0 ruling February 9, saying the executive order was likely to be found unconstitutional.
Following Watson's latest ruling, the Justice Department may now immediately appeal his ruling to the 9th Circuit Court of Appeals, which covers the Western states.
Judge Watson ruled that the state of Hawaii and the imam of a mosque had shown "a strong likelihood" that, when their case reaches a final point, the Trump order will be declared to be an unconstitutional form of discrimination against Muslims based on their religion.
The court in Hawaii was the first to rule on several legal challenges against the travel ban, which targets people from six mainly Muslim countries - Iran, Syria, Libya, Yemen, Somalia and Sudan.
Hawaii was the first state to sue the government over this controversial executive order.
But Watson, and a judge in Maryland, ruling separately, said there was ample evidence that the revised order, like the earlier one, was motivated by bias against Muslims. If the court sides with the federal government, it would not have a direct effect on the Hawaii ruling, legal experts said.