In the brief, Attorney General Becerra and 15 of his fellow attorneys general argue the Court should rule against the Administration because of the overwhelming and unrebutted evidence of anti-Muslim animus; the lack of a genuine national security rationale; and the significant harms the ban would cause the states, their residents and their institutions.
The administration has appealed another ruling against the ban to the Supreme Court, which is likely to consider the cases in tandem.
They further acknowledged the White House's confirmation that Trump's tweets are official presidential statements. "We don't plan to stop now".
On May 25, a federal appeals court in Virginia refused to lift the temporary block, saying Trump's order "drips with religious intolerance, animus and discrimination".
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Critically, the judges again pointed to Trump's social media presence to substantiate their ruling, including a seres of Twitter posts from June 5 in which the president claimed "we need a TRAVEL BAN for certain unsafe countries, not some politically correct term that won't help us protect our people!"
A three-judge panel of the 9th U.S. Circuit Court of Appeals upheld a lower court decision blocking the ban and said the president violated U.S. immigration law.
It keeps in place a decision by U.S. District Judge Derrick Watson in Hawaii that he based largely on Trump's campaign statements calling for a "complete and total shutdown" of Muslims entering the U.S.
The three-judge panel of the court upheld a lower court decision and said Trump violated US immigration law with the ban.
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Sessions says the court's decision "has a chilling effect on security operations overall". It also did not provide any link between their nationality and their propensity to commit terrorism.
"Judge Richard Paez asked [acting Solicitor General Jeffrey] Wall what separates Trump's executive order from the World War II-era mass imprisonment of Japanese-Americans, which was also initiated by an executive order from President Roosevelt and justified on national security grounds".
"Frankly, I think any lawyer worth their salt 100 percent agrees that the president's fully within his rights and his responsibilities to do what is necessary to protect the country", spokesman Sean Spicer said. The U.S. refugee program would be halted for 120 days. The 9th Circuit said he was required to consult with Congress in setting the number of refugees allowed into the country in a given year and that he could not decrease it midyear. "The president's authority is subject to certain statutory and constitutional restraints".
The Department of Homeland Security report - issued just after Trump's first executive order - concluded that citizenship of any given country "is unlikely to be a reliable indicator of potential terrorist activity" and that citizens from the countries targeted by Trump's ban are "rarely implicated in US-based terrorism". The new version was created to better withstand legal scrutiny and spelled out more of a national security rationale.
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The 9th Circuit on Monday narrowed Watson's ruling in some minor ways, allowing the administration to conduct an internal review of its vetting procedures for refugees and visa applicants.