President Donald Trump‘s second executive order limiting travel from some Middle Eastern and African countries faces another legal challenge on Monday. The ban was already halted temporarily on two occasions by federal judges in March, but Monday will mark the first time an argument on the revised order reaches a court of appeals.
Here’s what you need to know ahead of Monday’s arguments:
What to expect on Monday
Lawyers will argue their case “en banc” before a panel of all active and eligible judges of the Fourth Circuit Court of Appeals — which covers Maryland, North Carolina, South Carolina, Virginia and West Virginia. Each side gets half an hour to argue its case, but the judges can extend that time for questioning.
There are 15 active judges on the Fourth Circuit and it will be announced early Monday morning whether any of the 15 will recuse themselves.
According to the Fourth Circuit’s clerk, it’s “very rare” that an initial hearing is heard “en banc” in the circuit. Typically, cases are first heard by a three-judge panel. An “en banc” hearing is only granted when a majority of active judges determine that the proceedings involve a question of “exceptional importance” or to “maintain uniformity of the court’s decisions.”
It is highly unlikely that the judges would issue a ruling on Monday, but a decision could come in the next few weeks.
What happens after?
Monday marks the first time the revised travel ban is heard before an appeals court. The government is appealing U.S. District Judge Theodore Chuang’s March 15 ruling in Maryland that granted a nationwide preliminary injunction on one part of the revised travel ban — section 2(c), which bars entry of nationals who aren’t U.S. permanent residents from six Muslim-majority countries for 90 days. Chuang did not enjoin any other part of the executive order.
Separately, a different group of plaintiffs will face off against the government before a three-judge…