- 9th Circuit said last week travel ban shouldn't apply to refugees already working with resettlement organizations
- Justice Department filed appeal Monday
In a brief filed with the Supreme Court, Justice Department lawyers said that a three-judge panel from the 9th US Circuit Court of Appeals was wrong to exempt those refugees who have a contractual commitment from resettlement organizations.
In a one-sentence order issued Monday afternoon, Justice Anthony Kennedy -- who has jurisdiction over the 9th circuit -- granted the government a temporary stay until Tuesday in order to give the challengers time to respond to the government's petition.
The travel ban bars people from Iran, Libya, Somalia, Sudan, Syria and Yemen from entering the US.
Last week, the lower court narrowed the scope of the travel ban for extended family members such as grandparents and refugees.
In his filing, acting Solicitor General Jeff Wall said DOJ was only asking for a stay for the lower court ruling as it applies to the refugees. Wall said the administration has already been allowing in close family members, but allowing in the refugees would "upend the status quo and do far greater harm to the national interest."
The issue of the scope of the ban has been playing out in the lower courts, but the Supreme Court is set to hear the larger issues concerning the merits of the case on October 11.