The 9th U.S. Circuit Court of Appeals has denied the Justice Department's request to pause proceedings in an appeal of President Trump's travel ban.
The court in a filing Monday said its schedule for the government's appeal of a lower court's halt on the travel ban will proceed, with the first brief due to the appeals court on March 10. In early February, the Justice Department appealed a Seattle-based federal district judge's order blocking enforcement of Trump's executive action.which established a series of immigration and refugee restrictions aimed at preventing potential terrorists from entering the country.
Last week, government lawyers asked the appeals court to stop proceedings in the case because the president planned to issue a new executive order and rescind the original one.
A three-judge panel of the court previously denied a request from the government to reverse a nationwide stay on the travel ban. The same panel on Monday ruled that the appeal will proceed.
Trump has said he will sign a new executive order "tailored" to deal with court decisions that have largely gone against him. On Monday, White House Press Secretary Sean Spicer said he expected the order to be issued mid-week.
Spicer has said Trump wants to fight for the current order while also issuing a new one, but the Justice Department has said in multiple court filings that the the current order will be undone after a new one is issued.
The states of Washington and Minnesota, which brought the case in Seattle now under review, have pushed for courts to move forward on a review of the constitutional issues.