Q&A: Trump’s new travel ban faces key test in appeals court

RICHMOND, Va. (AP) — President Donald Trump’s revised travel ban targeting six Muslim-majority countries is about to be scrutinized by a federal appeals court for the first time.

The 4th U.S. Circuit Court of Appeals will hear arguments Monday in the case that has thwarted the president’s attempt to bar certain people from entering the country in the name of national security.

The Richmond, Virginia-based court will examine a federal judge in Maryland’s ruling that blocks the administration from temporarily barring new visas for people from Iran, Libya, Somalia, Sudan, Syria and Yemen.

A federal judge in Hawaii has also halted that provision as well as the freeze on the U.S. refugee program. Trump’s administration is fighting that decision in the 9th U.S. Circuit Court of Appeals.

Trump rewrote the travel ban after the first version was stymied by the courts. Opponents say the new executive order has the same problems and cannot stand. The issue is likely destined for the U.S. Supreme Court.

Here’s what you need to know about the 4th Circuit hearing:



Yes. For the first time, the court will provide a live audio broadcast of a hearing due to intense public interest. The 2:30 p.m. EDT hearing will be broadcast by C-SPAN and the court will provide a link to the live feed on its website.



A three-judge panel is typically the first and last stop for most cases in the 4th Circuit. The full court will sometimes re-examine a case that a three-judge panel has heard. That usually happens a few times a year.

In an extraordinary move, the 4th Circuit has chosen in this case to go straight to the “en banc” or full-court hearing. Some of the 15 judges could be recused, so the list of those who will hear the case will be released Monday.

The judges’ decision signifies the importance of the case and their desire to settle the issue more quickly.

The court hasn’t skipped the three-judge panel and gone directly to the full-court hearing since 1998, when it considered a challenge to a Virginia law requiring minors to notify their parents before they get an abortion, according to court records.



The 4th Circuit was long known as the nation’s most conservative appeals court. But President Barack Obama dramatically changed its makeup, pulling the 4th Circuit to the center.

Now, nine judges are Democratic appointees — including six from Obama — and five judges are Republican appointees. Chief Judge Roger Gregory was given a recess appointment to the court by President Bill Clinton and was reappointed by President George W. Bush.

Carl Tobias, a University of Richmond law school professor, said while the 4th Circuit has become moderate, it still tends to rule in favor of the government when it’s convinced there’s a compelling case of national security.



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