The two states filed a suit on Jan. 30 before the district court and challenged the travel ban citing harms to the states in areas including employment, education, trade, family relation and freedom of travel.
The DOJ, however, insisted that the ban is within the authority of the president, dismissing the states as well as the federal court system's role in the matter.
In its response, the motions panel of the appellate court wrote: "although courts owe considerable deference to the President' s policy determinations with respect to immigration and national security, it is beyond question that the federal judiciary retains the authority to adjudicate constitutional challenges to executive action."
In stead of initiating a full review of the case, the panel is in charge of specifically deciding whether to lift the TRO put in place by Judge Robart.
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