The 9th U.S. Circuit Court of Appeals has decided not to rehear the case on President TrumpDonald TrumpTrump defends indicted GOP congressman House to vote Thursday on holding Bannon in contempt Youngkin calls for investigation into Loudoun County School Board amid sexual assault allegations MORE’s original travel ban in front of the entire court.
A judge on the appeals court requested last month that the entire 11-judge court vote on whether to assess the three-judge panel’s decision to uphold a temporary block on Trump's original executive order, put in place by a federal judge in Seattle.
Five judges on the court dissented, arguing the panel’s opinion should have been vacated “to clear the path for future relitigation."
One of the dissenting opinions criticized Trump's personal attacks against judges involved in the case.
“The personal attacks on the distinguished district judge and our colleagues were out of all bounds of civic and persuasive discourse—particularly when they came from the parties,” the opinion said. “It does no credit to the arguments of the parties to impugn the motives or the competence of the members of this court; ad hominem attacks are not a substitute for effective advocacy.”
Trump in February criticized the panel of judges who were considering the court order that blocked his travel ban.
Trump’s first order for the travel ban, signed at the end of January, called for a 90-day ban on nationals from Syria, Iraq, Iran, Libya, Somalia, Sudan and Yemen entering the United States. The order also imposed a 120-day halt on admitting refugees and an indefinite halt on admitting refugees from war-torn Syria.
A revised version, which dropped Iraq from the list and lifted the ban on Syrian refugees, was blocked by a federal judge in Hawaii just before it could go into effect.