People protest outside the federal courthouse in Richmond, Va., Monday, May 8, 2017. The 4th U.S. Circuit Court of Appeals on Monday is examining a ruling that blocks President Donald Trump's administration from temporarily barring new visas for citizens of Iran, Libya, Somalia, Sudan, Syria and Yemen.
What the Fourth Circuit - and eventually the Supreme Court, most likely - has to decide is whether the Trump team can simply delete the statement and pretend like it never happened.
Attorneys for the Justice Department are defending Trump's executive order before the 4th U.S. Circuit Court of Appeals.
Trump release on "total and complete shutdown" of Muslims entering U.S. has been on campaign site since '15.
It was unclear when the court would rule.
The arguments marked the latest legal test for Trump's ban, which also was blocked by federal judge Derrick Watson in Hawaii in a separate legal challenge. Its text doesn't have to anything to do with religion. "Its operation doesn't have anything to do with religion", Acting Solicitor General Jeffrey B. Wall told the appeals court.
I think what the President made clear - granted, he clarified this over time - but he made clear in the months leading up to the election and after the inauguration that what he was talking about was the threat from terrorist groups that operate in particular countries that have been designated state sponsors of terror, or designated countries of concern because they're safe havens for terrorists. He said the ban has caused Muslim men, women and children to live in fear.
The 9th Circuit will hear the Hawaii case on Monday, a week after the Maryland case was the issue before the 4th Circuit.
Judge Dennis W. Shedd asked Jadwat: "Is the president, the executive (branch), not entitled to some deference?" "If this order were legitimate and actually doing what it said it was doing, it would do something different", he said.
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ACLU Lawyer Omar Jadwat, arguing against President Trump's travel ban before the Fourth Circuit Court of Appeals on Monday, admitted that the same exact travel ban "could be" constitutional if it were enacted by Hillary Clinton.
After the first executive order was blocked in court and the president signed the second one, "Sean Spicer said all the principles remain the same", said Judge Henry Floyd, referring to the White House spokesman.
The court, once considered the most conservative appeals court in the country, now has nine judges named by Democratic presidents including Barack Obama, according to Carl Tobias of the University of Richmond School of Law.
But Judge Paul V. Niemeyer said Mr. Trump's official actions should not be assessed based on his earlier statements. The first one provoked a lot of chaos at airports all over the country in January.
The modified version removed Iraq from the ban, but ran into the same objections. When Judge Derrick Watson ruled that the president's revised executive order was still unconstitutional, he pointed specifically at comments made by one of his senior advisers, Stephen Miller, who boasted (also on Fox News) that "fundamentally, you're still going to have the same basic policy outcome for the country".
The Maryland injunction against Trump's revised order applies only to the section preventing visa applications from the six-Muslim majority countries. The administration argues the ban is justified on national security grounds. The judges asked whether the revised ban violates the establishment clause and whether the courts had any business delving into issues best handled by the executive and legislative branches of government.
But that does not mean the ACLU had an easy time fighting this travel ban today. Wilkinson's daughter is married to the acting solicitor general. It was unclear why Judge Allyson Duncan had recused.
Associated Press reporter Sarah Rankin contributed to this report.
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