But the challengers said in court papers filed Tuesday that the Supreme Court rejected a similar request from the administration last summer involving an earlier version of the travel ban that was making its way through the courts.
Hawaii Attorney General Douglas Chin told the court that “the justification for that dramatic relief has only weakened” because the latest travel ban, unlike its two predecessors, is permanent.
In lawsuits filed in Hawaii and Maryland, federal courts said the updated travel ban that Trump announced in September violated federal immigration law. The travel policy also applies to travelers from North Korea and to some Venezuelan government officials and their families, but the lawsuits did not challenge those restrictions.
Arguments are scheduled for Dec. 6 before a three-judge panel of the 9th U.S. Circuit Court of Appeals in Seattle. The Maryland case is due to be argued before the full 4th U.S. Circuit Court of Appeals on Dec. 8 in Richmond, Virginia.