francisco the trump administration argued that the president is acting within his authority and that the ruling by robart secondguesses the presidents national security judgment sunday feb 5 early sunday morning the ninth circuit court rejected the justice departments request for an emergency stay on the restraining order the court asked for briefings from both parties to be filed on monday by 6 pm before it makes a decision on the case monday feb 6 in a brief filed on monday morning washington state and minnesota argued that the executive order causes irreparable harm to businesses schools family relations and state residents freedom to travel and is unconstitutional because it discriminates on the basis of religion fifteen other states joined in support of minnesota and washington along with leaders of the tech world from google facebook and apple in addition to the aclu the department of justice in a brief filed just before the 6 pm deadline said the travel restrictions are a matter of national security and the administration was excluding people from countries with ties to terrorism not people of a certain religion former secretaries of state madeleine albright and john kerry joined former national security and foreign affairs officials including leon panetta janet napolitano lisa monaco and michael hayden and wrote a declaration to the appeals court that there is no national security purpose for a total bar on entry for aliens from the seven named countries adding that as a national security issue the executive order was illconceived poorly implemented illexplained tuesday feb 7 on tuesday evening the ninth circuit heard oral arguments from justice department lawyers and attorneys for the states of washington and minnesota the hearing allowed each side to give 30minute arguments after listening to both sides the three federal judges judge william c canby jr appointed by president jimmy carter judge michelle friedland appointed by president barack obama and judge richard r clifton appointed by president george w bush will decide the fate of trumps travel ban thursday feb 9 on thursday evening those three federal judges unanimously ruled to deny the department of justices bid for an emergency stay in its unanimous decision the judicial panel indicated that president trumps remarks on the campaign trail about implementing a ban on muslims entering the united states if he was elected was a factor in their decision the judges also held that the government failed to provide evidence that nationals from the seven affected countries had carried out attacks on us soil 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 from the 9th circuit court of appeals wrote in the decision thursday department of justice lawyers argued that the order was made on national security grounds and that washington district court judge james robarts issuance