Because Congress has already adopted a scheme regarding when people may be excluded from the country for terror-related activities, the president can not override that with his travel ban, they argue. A three-judge panel of the 9th U.S. Circuit Court of Ap.
But Wall, the Trump administration lawyer, warned the 9th Circuit that a ruling against the government could transcend the Trump era, which he called "this constitutional moment".
Arguments have wrapped up in a federal appeals court in Seattle over President Donald Trump's travel ban. And from the very beginning today the judges had tough questions for the government's lawyer.
But a Hawaii-based judge in March issued a nationwide preliminary injunction against the order on grounds it was unconstitutional and motivated by anti-Muslim bias.
On February 9, another panel of judges ruled in San Francisco, Northern California, against reinstating the travel ban signed on January 27 by Trump as part of an executive order.
The judges gave no indication of when they might rule. Today's case was heard by three judges who were all appointed by President Bill Clinton, so they could move relatively quickly. That led to one of the most pointed interactions, when Judge Michael Hawkins asked this question. The officer said authorities are not yet releasing the names of those killed.
Trump's attempted travel bans have caused the number of refugees coming into the U.S.to plummet in the last two months, despite his executive orders largely being blocked in the courts.
A United States government attorney insisted Monday that President Donald Trump's revised travel ban did not unfairly target Muslims, in the latest twist in a months long legal battle that has dogged the new USA administration.
Paez also questioned Katyal about Trump's statements, calling them "profound". It said that the word Muslim does not appear in the travel ban executive order. In a decision considered one of the worst in American history, the Supreme Court affirmed that executive order signed by President Franklin D. Roosevelt.
How much authority should the President have when it comes to securing our nation's borders? But a law subsequently passed by Congress bans discrimination on the basis of nationality when it comes to issuing immigrant visas. If the travel ban is to be upheld, Wall suggested, it should be because presidents are owed a "presumption of regularity".
The hearings are being broadcast live on C-SPAN and other cable news stations.
In Katyal's view, there's simply no precedent to support Trump's travel ban because "presidents don't run into establishment clause problems" with their public comments.
Acting Solicitor General Jeffrey Wall is telling a three-judge panel of the 9th US Circuit Court of Appeals that the president has broad authority over immigration.
Judge Ronald Gould says each side has been allotted 30 minutes but will be granted more if necessary, given the significance of the case.
The travel ban, the second of the kind, was blocked on March 15 by a federal judge in Hawaii. In a challenge brought by Hawaii, Watson blocked the federal government from enforcing the ban and its suspension of the nation's refugee program.
Now, three judges from the U.S. 9th Circuit Court of Appeals are considering Trump's challenge of that injunction.