By Josh Gerstein
March 8, 2017
A federal judge has set a hearing for next week on a move by the state of Hawaii to block President Donald Trump from implementing his revised travel ban executive order.
Honolulu-based U.S. District Court Judge Derrick Watson scheduled arguments for next Wednesday at 9:30 a.m. Hawaii time (3:30 p.m. ET) on the state's request for a temporary restraining order that would prevent key parts of Trump's order from taking effect as scheduled just after midnight that night.
Lawyers for the state and for the Justice Department agreed to the schedule blessed by Watson, an appointee of former President Barack Obama.
Hawaii sued last month over Trump's original executive order and tried, unsuccessfully, to intervene in an appeal that the Trump administration took to the 9th Circuit after a Seattle-based judge blocked much of Trump's first order. That directive suspended travel to the U.S. by citizens of seven majority-Muslim countries.
Trump signed a new order Monday that cuts that list to six nations, dropping Iraq, and eliminates the impact on existing visa holders.
However, attorneys for Hawaii filed an amended complaint Tuesday night alleging that key parts of the new order are unconstitutional. The suit says the new directive violates the First Amendment and Fifth Amendment by disfavoring Muslims, intrudes on due process rights and runs afoul of the Immigration and Nationality Act and Religious Freedom Restoration Act.
About two dozen suits were already pending across the country against Trump's first order, which is set to be rescinded when the new one kicks in next week. The parties in many of those legal challenges are expected to amend their lawsuit and to seek temporary or preliminary orders blocking Trump's new ban.
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