At 3:00 PM Pacific (6:00 PM Eastern) on Tuesday, a three-judge panel of the Ninth Circuit federal appeals court in San Francisco will hear oral arguments about the Justice Department's case to reinstate President Trump's travel ban: State of Washington v. Trump
The issue at stake is not whether Trump's travel ban is constitutional, but whether it will remain suspended. "The opinion of this so-called judge, which essentially takes law-enforcement away from our country, is ridiculous and will be overturned!" President Trump said in a tweet about the originating decision from Seattle's Federal District Court judge James Robart.
On Friday, Robart put a temporary restraining order on key parts of President Trump's executive order suspending travel from seven wartorn middle eastern countries. Over the weekend, the Trump administration's motion to reverse the decision was challenged by the attorney general from Washington state. Lawyers for Minnesota and 17 other states are reportedly ready to back the case.
The Trump administration says they are highly confident that they would prevail if the case were tried and that the president has clear authority to "suspend the entry of any class of aliens" into the U.S., but if the Ninth Circuit court disagrees, Trump will likely appeal to the Supreme Court.
The hour-long arguments (30 minutes for each side) will take place by telephone, but a live audio stream will be broadcast via YouTube.
Susan Seager from LawNewz writes that: "The decision to provide live access to its oral argument is highly unusual for a federal appeals court... The Ninth Circuit is on the cutting edge of public access. The court posts video of oral arguments after each hearing on the court’s own YouTube channel. The court also provides video and audio recordings of all oral arguments on the court’s public website by 12:00 p.m. Pacific the day after arguments."