A Justice Department spokeswoman said the government will appeal the ruling to the Supreme Court.
“The Supreme Court has stepped in to correct these lower courts before, and we will now return to the Supreme Court to vindicate the executive branch’s duty to protect the nation,” she said in an email.
The Ninth Circuit decision said the court will enter its mandate solidifying the decision in five days, instead of the typical 52, due to the dire situation facing most refugees.
“Refugees’ lives remain in vulnerable limbo during the pendency of the Supreme Court’s stay,” the decision said. “Refugees have only a narrow window of time to complete their travel, as certain security and medical checks expire and must then be reinitiated. Even short delays may prolong a refugee’s admittance.”
The judges, Ronald Gould, Richard Paez and Michael Daly Hawkins, are the same three who ruled in June that Trump did not have the authority to issue the travel ban order in the first place.
Hawaii was represented by a team of lawyers from Hogan Lovells, led by partner Neal Katyal and argued by associate Colleen Roh Sinzdak. Hashim M. Mooppan represented the government.
