In their first full-throated defense of the executive order, the lawyers argue that a lower court's injunction "contravenes the constitutional separation of powers ... harms the public by thwarting" enforcement of the order, and "second-guesses" the President's judgment about the "quantum of risk posed by the admission of certain classes of aliens." Trump's order bars citizens of seven Muslim-majority countries -- Iraq, Syria, Iran, Libya, Somalia, Sudan and Yemen -- from entering the US for 90 days, all refugees for 120 days and indefinitely halts refugees from Syria. Since the federal appeals court rejected a request to immediately reinstate the travel ban, lawyers for Washington state and Minnesota have until 2:59 a.m. Monday to file legal papers, and the Justice Department lawyers have until 6 p.m. Monday evening to reply. Then a three-judge panel will decide whether to schedule a hearing or issue a ruling. Justice Department lawyers face an uphill battle to vacate the lower court's order, but in making their arguments, they've laid out a broad defense that will replay in other upcoming challenges.

Source: CNN February 05, 2017 14:42 UTC