The three judge panel seemed impatient at times with the Justice Department lawyers claim that travellers from seven predominantly Muslim countries with US visas should be immediately banned from entering the United States.
The attorney representing the states of Washington and Minnesota who brought the original challenge maintains the President's travel ban was clearly unconstituional because President Trump openly called for a ban on Muslims.
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"The public statements from the President and his top advisors reference the strong evidence."
The Justice Department attorney maintained it was up to the President to determine the risk, but the judges questioned his assertion that the presidents actions could not be challenged by the courts.
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The judges expect to issue a ruling on whether to restore the President's temporary travel ban or allow the temporary order stopping it to remain in place by the end of the week-- but whatever they decide it will be appealed.