A San Francisco-based federal appeals court declined Friday to convene an 11-judge panel to consider President Trump’s moratorium on admitting refugees and travelers from six predominantly Muslim countries.
In a brief order, the U.S. 9th Circuit Court of Appeals said the judges voted to reject a request by Hawaii to skip the standard first step of review by a three-judge panel and move directly to an “en banc” panel.
The order did not provide any details about the judges’ vote or reasoning.
Normally an appeal is first heard by a three-judge panel. That panel’s decision can then be appealed to an 11-judge “en banc” panel or to the U.S. Supreme Court.
The 9th Circuit will hear the Trump administration’s appeal of a Hawaii judge’s national injunction against the travel ban during a May 15 hearing in Seattle.
The U.S. 4th Circuit Court of Appeals, which is reviewing a more limited injunction against Trump’s executive order, decided without being asked to go directly to “en banc” review. The Virginia-based court has scheduled a hearing for May 8.