The 9th U.S. Circuit Court of Appeals has denied the Department of Justice's request to pause proceedings on an appeal of President Donald Trump's travel ban.
The court in a filing on Monday said its schedule over the federal government's appeal of a lower court's halt on Trump's travel ban will proceed, with the first brief due to the court on March 10.
The Justice Department had appealed to the 9th Circuit in early February a Seattle-based federal district judge's order blocking enforcement of the executive order which established a series of immigration and refugee restrictions aimed at preventing potential terrorists from entering the country.
Last week, government lawyers asked the court to stop proceedings in the case because the president planned to issue a new executive order and rescind the original one.
A three-judge motions panel on the court previously denied a request from the government to reverse a nationwide stay on the travel ban. The same panel on Monday ruled that the appeal will proceed.
Trump has said he will sign a new executive order "tailored" to courts that have largely ruled against him. On Monday, White House press secretary Sean Spicer said he expected the order to be issued midweek.
Spicer has said Trump wants to fight for the current order currently stuck in the courts while also issuing a new one, but the Justice Department has said in multiple court filings that the current order will be undone after a new one is issued.
The states of Washington and Minnesota, which brought the case in Seattle now under review, have pushed for courts to move forward on a review of the constitutional issues.
