Soon, he might get the chance.
The Trump administration is set to appeal a Hawaii federal judge's order that indefinitely halted key parts of the president's revised travel ban, which prohibited nationals from six Muslim-majority countries from entering the U.S.
If the court sides with Trump, it would not have a direct effect on the Hawaii ruling, legal experts said. Unlike his initial order, he vowed to take the case to Supreme Court if necessary, so that he could uphold his promise to the people, he said in his rally at Tennessee Wednesday night. "But now it makes more sense".
The Department of Justice did not immediately comment on the latest ruling. The court would not have to wait for both lower courts to rule. "The President simply can not codify religious discrimination in an attempt to keep a campaign promise". The department urged the judge to allow a freeze on the USA refugee program to go forward. The Honolulu case is State of Hawaii v. Trump, 17-cv-00050, US District Court, District of Hawaii (Honolulu).
The government appeal was filed in the ninth circuit court of appeals Thursday.
"If I were to give the administration every benefit of the doubt, I'd say they're inexperienced and they're learning", Chin said in an interview Wednesday.
The decision in the 9th Circuit is expected to come later.
The government has also appealed a Maryland judge's decision to partially block the travel ban. The full court then refused to revisit that decision, though five judges dissented.
Watson said the government has argued the courts should ignore the context surrounding the order.
The new order removed a preference for refugees who are religious minorities and gave exemptions from the travel ban to green-card holders and those who already held valid visas. It includes barring the issuance of new visas to people from Iran, Syria, Libya, Yemen, Somalia and Sudan for 90 days, and suspending the refugee program for 120 days.
Trump's revised travel ban aims to close U.S. borders to nationals of Iran, Libya, Somalia, Sudan, Syria and Yemen for 90 days, and all refugees for at least 120 days.
The opinion from U.S. District Judge Anthony Trenga of the Eastern District Court of Virginia, which rejected a request to halt the travel order, gave less weight to Trump's statements during the presidential campaign.
The judge said the state has sufficiently established a likelihood it would succeed in challenging the ban on the grounds it violates a constitutional clause that requires government actions to have a primarily secular goal.