Hawaii loses bid for 11-judge 9th Circuit review of travel ban

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.

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