SAN FRANCISCO _ The state of Hawaii wants an 11-judge panel of the 9th U.S. Circuit Court of Appeals to consider whether to lift a hold on President Donald Trump's revised travel ban.
Normally, an appeal first goes to a three-judge panel. The losing party can then appeal the decision directly to the U.S. Supreme Court or to an "en banc" panel, which in the 9th Circuit includes the chief judge and 10 randomly selected judges.
Hawaii's request followed a decision by the 4th Circuit Court of Appeals in Virginia to hear the Trump administration's appeal of a similar hold "en banc" instead of before three judges.
The 4th Circuit plans to consider Trump's order temporarily barring travelers from six predominantly Muslim nations on May 8.
The 9th Circuit has scheduled a hearing on the Hawaii case for May 15 in Seattle.
The appeals court is considering a ruling by a federal judge in Hawaii barring nationwide enforcement of Trump's revised executive order, which also halted resettlement of refugees for 120 days. The judge found Trump's order was motivated by prejudice against Muslims.
Trump initially issued a broader travel ban, but the 9th Circuit struck it down. The revised order now being considered does not affect holders of green cards or visas.
