New York State Judge Shira Scheindlin, who has served on the U.S. Court of Appeals for the 9th Circuit for the past eight years, has agreed to hear arguments in the challenge to President Donald Trump’s executive order barring immigrants and visitors from six Muslim-majority countries.
In a filing to the 9/11 Memorial Circuit, Scheindling wrote that the executive order was “not merely a temporary restraining order, but an absolute ban on Muslims from entering the United States.”
The order will be heard in front of U.A.E. District Judge William Alsup, who is currently presiding over the case.
Alsup will hear oral arguments in April on the motion for a preliminary injunction.
Scheindler said the 9-to-1 vote for a temporary injunction “will have far-reaching implications for the future of the courts.”
“While the court may not be a perfect institution, it has the ability to strike down a president’s executive actions,” she wrote.
Schendlin is the first judge to take up the case after a federal appeals court in California in February temporarily blocked the ban, and it is the only one that has the authority to take such a case to the Supreme Court.
In June, Schendling also ordered a halt on the issuance of new visas for refugees, and she has not yet ruled on the Trump administration’s request to block Scheindlers order.
Trump has argued that Scheindlings order is not a “permanent injunction” because the courts have not yet found that it violates the Constitution or other laws.
The administration has argued, however, that it has jurisdiction to take a case, and the courts will now decide whether to grant the request.
In the 9 to 1 vote, Alsup is expected to rule on the administration’s motion to block the order.
But the 9 judges in the 904-member appeals court panel have been split on the case and could not agree on how to resolve it.
The judges voted 8-3 in favor of the Trump order, with two dissenting votes.
Alsek wrote in his filing that the order “would effectively bar Muslims from our shores” for three years and “would prevent individuals and businesses from seeking to do business in the United State.”
Alseker also wrote that Schendler’s decision to allow the ban to stand, which he called “extraordinary,” is “likely to be reversed by the courts.
The only way to reverse this decision is for the court to affirm.”
The 9th District Court of Appeal will hear the case in early June.
Schellings ruling is likely to be appealed to the state Supreme Court, which has jurisdiction over the 912-member 9th Court of Special Appeals.
It could take up to six months for Scheindlins decision to reach the U