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The 9th Circuit Court of Appeals on Monday refused to grant the Trump administration an indefinite delay to prepare their appeal of the blockade of President Trump’s immigration ban.

The Justice Department sought to delay its briefing on the case indefinitely, thus buying more time for the Trump administration to issue a new executive order before having to defend the original order in court. But the federal appeals court instead granted the government lawyers an additional week to file its opening brief, which will now be due March 10.

Earlier this month, a three-judge panel blocked enforcement of the executive order, which halted immigration from seven countries in the name of fighting terrorism, but in practice, also affected the travel of individuals with legal status in the U.S. But that ruling involved procedural matters, and did not get to the merits of the order itself.

Separately, Trump administration lawyers have asked the full 9th Circuit to review the decision by three judges, but the court has not yet said whether it would grant that request.

Asked about the federal appeals court’s action on Monday, White House spokesman Sean Spicer said he would need time to meet with the White House counsel’s office before commenting on the case.


“Give me a little time, let me get off the podium,” Spicer said of the 9th Circuit action that took place during the briefing. “The president has made a commitment right now to continue to defend what we did, because this is the strategy that he believes that we had the authority vested in U.S. code.”



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