[JURIST] The US Department of Justice (DOJ) [official website] requested [motion, PDF] the Court of Appeals for the Ninth Circuit on Friday to hold court proceedings relating to President Donald Trump's executive order restricting immigration from seven Muslim-majority nations. The motion referenced the stay of the proceedings issued [JURIST report] by the court last week, after the government requested the court "hold its consideration of the case until the President issues the new Order." The DOJ motion on Friday stressed "the appropriateness of awaiting further developments before committing further resources of the parties or the Court to appellate litigation." The motion also notes that opposing counsel for the states of Minnesota and Washington oppose this motion. Counsel for the two states also filed a response [text, PDF] on Friday, arguing that "[c]ontrary to representations made to this Court on February 16, 2017, President Trump and the White House Press Secretary have repeatedly stated that they intend to pursue this appeal and defend the Executive Order—not repeal it." The plaintiffs further argued that briefing on the preliminary injunction should move forward because the Trump administration has stated on several occasions that the executive order will not be rescinded. Earlier this month, the court upheld [JURIST report] a lower court decision issuing a stay on the executive orders pending proceedings.
Trump's executive order has faced numerous legal challenges across the country. Washington state Attorney General Bob Ferguson sued [JURIST report] Trump over the immigration order in late January. Days later, the American Civil Liberties Union filed a class action lawsuit [JURIST report] accusing the Trump administration of violating the religious freedom of nationals from the seven nations named in the order. In February, the Ninth Circuit Court of Appeals received two separate filings [JURIST report] from officials in the public and private sectors who oppose the executive order.