The appeal of President Donald Trump‘s revised travel ban will go before the entire Fourth Circuit Court of Appeals for oral arguments on Monday. While cameras will not be recording it, you can listen live in the player above when it takes place at 2:30 pm ET.
The federal government will argue against the decision of a District Court judge in Maryland, who issued a nationwide block of a key element of the travel ban back in March. Judge Theodore D. Chuang ruled at the time that the portion of the President’s executive order that banned travel from six Muslim-majority countries was unconstitutional.
Judge Chuang wrote that while the revised order removed preferences for religious minorities, deleted Iraq from the list of banned countries that had been in the first order, and provided for certain exemptions, President Trump’s past statements provided enough evidence to show that the intent of the ban was to discriminate against Muslims. “[T]he history of public statements continues to provide a convincing case that the purpose of the Second Executive Order remains the realization of the long-envisioned Muslim ban,” Judge Chuang said.
The government will likely argue in their appeal that Judge Chuang was wrong to look outside the text of the order, and basing his decision on the President’s campaign statements.
Only 13 out of the 15 judges on the Fourth Circuit will hear the case. Of the 13, nine of the judges were appointed by Democratic Presidents, and three by Republicans. Chief Judge Roger Gregory was appointed by both Presidents Bill Clinton and George W. Bush.
Judge J. Harvie Wilkinson III is recusing himself because acting Solicitor General Jeffrey B. Wall, who will argue on behalf of the government, is his son-in-law. Omar C. Jadwat of the ACLU will be arguing against the travel ban.
Each side will get 30 minutes to present their arguments, but the court can extend the time should they see fit. Judges will pepper attorneys from both sides with questions during their arguments. A decision could come within the next few weeks.
[Screengrab via Associated Press]