President Donald Trump speaks about the US role in the Paris climate change accord, Thursday, June 1, 2017, in the Rose Garden of the White House in Washington.
The Supreme Court is nearly certain to step into the case because it nearly always has the final say when a lower court strikes down a federal law or presidential action. One order called for "extreme vetting" of visa seekers from terror-plagued countries.
Donald Trump's so-called Muslim ban could be reinstated in just two weeks after the White House asked the US Supreme Court to intervene. The lower court ruling "creates uncertainty about the president's authority to meet those threats as the Constitution and acts of Congress empower and obligate him to do".
The filing indicates Trump's team wants the high court to review the petition quickly so that arguments could begin promptly at the start of the next term.
But, the government stressed, the 4th Circuit nonetheless ruled that the travel ban likely violated the Constitution because the president meant to discriminate against Muslims, even if the order does not actually say so.
Rather than continue defending that executive action in the courts, the administration issued its revised order March 6, which included removing Iraq from the original list of banned countries. A judge on the bench said it 'drips with religious intolerance, animus, and discrimination'. The majority opinion cited Trump campaign pledges to keep Muslims out of the country. That could allow the administration to start denying some visas, taking other steps for visitors from Iran, Libya, Sudan, Somalia, Syria and Yemen.
But the initial vote on whether to let the travel ban take effect, even as the court weighs the case, would signal whether the government is likely to win in the end.
A three-judge panel of the 9th Circuit is considering the Hawaii injunction but has not yet ruled on it. Trump's March order was his second go-round on the travel ban. That judge halted both the six-nation travel ban and a separate provision that seeks to stop the acceptance of refugee applications for 120 days. The 9th Circuit U.S. Court of Appeals heard arguments on May 15 on the government's efforts to lift that stay. The first, issued on January 27, led to chaos and protests at airports and in major USA cities before it was blocked by courts.
And simultaneously stay another injunction of the ban, which was ordered by the district court in Hawaii. But that would still defer arguments to the fall, with a decision to follow. His opinion came in the case of a United States citizen seeking to challenge the denial of her Afghan husband's visa application.
The Trump Administration late Thursday appealed the ban of its travel ban to the Supreme Court. A San Francisco-based appeals court is now considering the Hawaii case.
The Supreme Court, finally at full strength with the addition of Trump's nominee, conservative Justice Neil Gorsuch, has divided in the past on immigration issues.