Wall wrote that more time was needed because the 9th Circuit ruling in favor of the state of Hawaii is "the first addressing the executive order at issue to rest relief on statutory rather than constitutional grounds".
There used to be seven countries on the list when Trump first tried to get his executive order through in January, but Defense Secretary James Mattis requested that Trump remove Iraq from the list.
The Fourth Circuit Court ruled against the Trump policy as unconstitutional, as a form of religious discrimination against Muslims. The decision by a unanimous three-judge panel of the San Francisco-.
"In conclusion, the Order does not offer a sufficient justification to suspend the entry of more than 180 million people on the basis of nationality", wrote the panel.
In its ruling Monday, the U.S. Court of Appeals for the Ninth Circuit, which is based in California, found that the president had exceeded his authority in issuing the order, which also suspended and capped the refugee admissions program.
The president also has repeatedly condemned sitting federal judges and decisions he does not like, unprecedented criticism for a sitting president toward the judiciary in modern times.
At the Supreme Court, anything is possible if you have five votes - a majority of the court.
Given the limited days left in the Supreme Court term, the administration is asking the court to treat its request for a stay of the lower court rulings like a request for the court to hear its appeal of both the 4th Circuit and 9th Circuit rulings.
The 9th Circuit opinion was written by judges Michael Daly Hawkins, Ronald M. Gould and Richard A. Paez, all appointed by President Bill Clinton. The 4th Circuit also allowed that portion of the order to take effect. The 90 days are long gone, but last week they admitted they have not done anything they claimed they would with the vetting program.
Spicer on Monday said the administration is reviewing the decision and said it believes the travel ban is "lawful" and will be ultimately upheld by the Supreme Court.
Trump's suspension of the USA refugee program also remains blocked.
The combination of the two rulings "provides a 1-2 punch against the executive order that will make it harder for the administration to win at the Supreme Court", he said. The appeals court ruling cites a filing from the state of Hawaii asserting that the university had admitted 11 graduate students from the six countries and was reviewing applications from another 21 affected applicants.
The judges said the travel order does not actually curtail travel on the part of individuals, but rather on countries that it says are inherently risky.
The 4th Circuit focused largely on statements and tweets made by President Trump that indicated his order was a ban on Muslims, something he advocated during his campaign for president.
Lawyers for Hawaii called the order a "thinly veiled Muslim ban".
"I stated from the beginning that the president must act in a way that follows the laws and constitution of the United States", Chin said in a statement.
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