Trump administration says it will revise travel ban instead of seeking appeal

Instead, Trump plans to rescind the old one and issue a new one “in the near future”.

Trump’s administration said Thursday it will revise its travel ban order and does not want an appeals court review.

Washington state’s solicitor general called Monday for steps toward an appeals-court trial, but the Justice Department indicated it’s in no hurry for further legal action to fight the suspension of President Donald Trump’s executive order.

Trump said on Thursday that the widely criticized rollout had been “very smooth” and once again blamed the court for “a bad decision”.

During Thursday’s news conference, Trump also said that the 9 Circuit has been overturned “at a record number – I’ve heard 80 percent”.

The Trump administration quickly appealed the case to the 9th U.S. Circuit Court of Appeals in San Francisco but that court’s three-judge panel handed down a unanimous decision that left the restraining order in place.

Trump’s original order restricted immigration from seven Muslim-majority countries and prevented Syrian refugees from entering the US indefinitely.

Legal scholars suggest Trump could include legal protections such as a hearing or a written appeals process for applicants denied refugee status or USA visas to answer claims that the original order fails to provide constitutionally-required due process. The original order was obviously anti-Muslim, despite government protests to the contrary. But we had a bad court. We had a bad decision. Refugees were banned for 120 days, except those from Syria, who were banned indefinitely.

“This administration is running like a fine-tuned machine”, claimed the President, who is been in office for just four weeks.

The government “has responded with no evidence other than” its executive order to support its immigration and travel restrictions, Judge wrote. It was after this anonymous “en banc” request that the Trump administration requested the delay from Robart until the 9th Circuit rehears the case.

The 9th Circuit panel upheld Robart’s decision.

The dispute stems from a lawsuit brought by Washington state, which has since been joined by the state of Minnesota.

Judge Leonie Brinkema said the travel restrictions improperly discriminated against Muslims.

The travel ban is aimed at what the president said to keep out “radical Islamic terrorists”.

The three-judge panel, which consisted of two Democratic appointees and one appointed by a Republican, ruled that the states were likely to prevail on their due process challenge. Now, it’s unclear if a larger appellate panel or the Supreme Court will take up the case. However, the Sixth Circuit and the 11th Circuit both had higher reversal rates at 87 and 85 percent, respectively.

A representative for Washington state’s attorney general did not immediately respond to a request for comment on the Trump administration’s planned new executive order.