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The 9th Circuit Court of Appeals will vote next week on whether the full federal appeals court should vote on whether to lift a block on President Trump’s immigration ban.

A three-judge panel on Thursday unanimously ruled to keep the ban in place while the courts consider the merits of Washington state’s case against the ban.

“We hold that the government has not shown a likelihood of success on the merits of its appeal, nor has it shown that failure to enter a stay would cause irreparable injury, and we therefore deny its emergency motion for a stay,” the panel ruled.

However, an unnamed appeals court judge on Friday asked for a vote by the court on the ruling. Now, both sides must file briefs by Thursday at 2 p.m. EST on whether they think a full review, called “en banc,” is needed.

The larger size of the 9th Circuit, with 29 active judges, makes its en banc hearing and rehearing processes different from other circuit courts. In other federal appeals courts, en banc includes all active judges, but the 9th Circuit convenes a “limited en banc court” that features the chief judge and 10 other active judges chosen at random.

Trump immediately ripped the three-judge panel’s decision on Twitter Thursday night, saying, in part, ‘WE’LL SEE YOU IN COURT.”

On Friday, he said that he might sign a “brand new order” next week, while a senior White House official said that Trump did not plan to appeal the ruling to the Supreme Court.

Trump says he might sign 'brand new order' on immigration

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“We’ll be doing something very rapidly, having to do with additional security for our country,” Trump said.

02/10/17 5:22 PM



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