The Department of Justice has reportedly decided to appeal the ruling handed down by Maryland federal judge Theodore David Chuang which contributed to the blocking of President Trump’s latest attempt at a Muslim travel ban this week.
The appeal, which CNN notes has not yet been officially filed, seeks to overturn Chuang’s order to suspend portions of the revised Muslim ban, which restricted entry into the United States by citizens of six predominantly Muslim countries. Prior to Judge Chuang’s ruling, and that of Hawaiian Judge Derrick Watson, President Trump’s executive order was set to go into effect at 12:01 AM last Thursday morning.
Watson’s ruling was slightly more expansive than that of Chuang, although both were nationwide in their scope. Chuang and Watson each cited the administration’s ongoing rhetoric regarding the Muslim ban as proof that the White House was in violation of the Constitution by attempting to single out Islam as its criteria for restricting travel.
“The history of public statements continues to provide a convincing case that the purpose of the Second Executive Order remains the realization of the long-envisioned Muslim ban,” Chuang wrote in his ruling.
On Twitter, ACLU attorney Omar Jadway, who directs the organization’s Immigrants’ Rights Project, wrote that while he has yet to see the DOJ’s appeal paperwork, “We look forward to defending [Judge Chuang’s] injunction.”
The case will be heard by the U.S. 4th Circuit Court of Appeals.