March 23, 2017•Update: March 23, 2017
By Michael Hernandez
WASHINGTON
The Justice Department on Wednesday filed in federal court to expedite its appeal of a district court's preliminary injunction on President Donald Trump's revised travel ban.
"This case presents constitutional and statutory issues of nationwide significance," the department said in court records.
"The district court here enjoined the President and government agencies from enforcing a key provision of the Order, which is designed to protect national security, an interest that this Court has recognized as paramount," it added.
Trump's revised executive action, a “watered-down version of the first one” by his admission, violates federal law by blocking new visa issuance, Judge Theodore D. Chuang said in his ruling last Thursday.
Chuang was not convinced that the new version was any different in deliberately targeting a religious group.
Its purpose "remains the realization of the long-envisioned Muslim ban", he said.
The new executive order would stop new visas being issued to residents of Iran, Libya, Somalia, Sudan, Syria and Yemen for at least 90 days. It excludes Iraq, designated in the original version that was signed a week into Trump’s presidency.
Under the current schedule Trump's opening brief is due April 26, and the briefing would be completed by June 9.
"This appeal from a preliminary injunction should be expedited to permit this Court’s full review as soon as possible," the Trump administration said in the filing.
The department will further be seeking a hold of the Maryland court's preliminary injunction pending appeal.
Under the proposed schedule the administration will file its opening brief and motion to stay the ruling on March 24.
The Maryland legal defeat was the second suffered by Trump in as many days. The day prior, a judge in Hawaii put a pause on the order nationwide.
Trump is expected to appeal the Hawaii ruling as well.
