"Until he determines they are properly vetted, that's pretty consistent with what we talked about".
The "Executive Order Protecting The Nation From Foreign Terrorist Entry Into The United States" specifically cites the president's authority to suspend refugee entries for 120 days granted by the U.S. Constitution and the U.S. Congress, the latter being the Immigration and Nationality Act (INA). That schedule, the government explains, would allow the two sides to file their briefs over the summer, so that the Supreme Court could hear oral argument in the case soon after the court's new term begins in October.
Information from Reuters was used in this report.
Last month, a federal appeals court refused to lift the temporary block, saying Trump's argument about the risk to national security was a "secondary justification for an executive order rooted in religious animus and meant to bar Muslims from this country".
The Justice Department urged the Supreme Court to allow it to enforce the executive order now, while the justices consider whether to hear the appeal.
But the administration will have to contend with a 2015 opinion by Justice Anthony Kennedy, a frequent swing vote on the bench, who wrote that in the immigration context, the government's actions can be scrutinised for evidence of bad faith. His opinion came in the case of a USA citizen seeking to challenge the denial of her Afghan husband's visa application. The Maryland injunction was upheld last week in the 4th Circuit.
The appeals court took the president to task for what he said about a travel ban- both before and after he took office.
The White House takes its new and revised travel ban to the Supreme Court, asking for it to be reinstated.
The 4th U.S. Circuit Court of Appeals split along ideological lines in its 10-to-3 decision, with its three Republican appointees in dissent. Courts have historically been deferential in this area, and recent presidents including Carter, Reagan and Obama have used it to deny entry to certain refugees and diplomats, including from nations such as Iran, Cuba, and North Korea.
Trump accuses Comey of cowardice over 'leaks'
Comey "leaking his own memos to manipulate the system is exactly why people dislike the swamp", said Trump ally Newt Gingrich. During his campaign, Trump often said it was time to "drain the swamp" in Washington of corrupt and self-dealing insiders.
Also dubbed the "Muslim ban", it was suspended in February by a Washington state district court judge after several people sued Trump's administration following the ban's introduction in January.
At the time, Attorney General Jeff Sessions vowed that the case would be appealed to the Supreme Court because it "blocks the president's efforts to strengthen this country's national security".
Just last week, the 4th Circuit Appeals Court ruled the executive order is actually a pretext, cover for the ban on Muslims the president discussed during the campaign.
The ban needs the backing of at least of five of the nine presiding Supreme Court justices to become law.
Statements made during the campaign, the court said, make it clear the executive order stems from "President Trump's desire to exclude Muslims from the United States".
Two federal appeals courts had been considering the issue.
The government claims the nation will be safer if the policy is put in place.
"As the dissenting justices explained, the executive order is a constitutional exercise of the president's duty to protect our communities from terrorism", he said.
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