By Mike SchmitzAssociated PressAssociated PressA federal appeals court on Wednesday rejected the Obama administration’s attempt to block a Trump administration ban on travelers from six predominantly Muslim countries, saying it was premature to make that call.
The court sided with a lawyer representing the Trump administration, who said that the president could still enforce the ban without a court order.
The appeals court also said the administration did not have a compelling interest in ensuring that the order would not violate the Constitution’s guarantee of due process.
The 9th Circuit said the executive order does not violate a constitutional guarantee of equal protection of the laws, as the government has argued.
The panel also sided with the Trump campaign, which argued that the executive orders would violate the First Amendment and would further erode the U.S. standing as a beacon of freedom around the world.
“It is not clear that the President has shown a clear need to justify the issuance of an Executive Order, even if he believed that it was necessary to address terrorism,” the 9th circuit said.
The Supreme Court heard oral arguments in the case on Feb. 13.
It is one of three pending cases challenging the Trump travel ban.
The justices are scheduled to hear arguments on Tuesday.
The U.N. General Assembly is set to meet on Wednesday to vote on a resolution condemning the Trump executive order.