White House has taken earlier 4th Circuit ruling to the Supreme Court. Via the AP:
Another federal appeals court refused on Monday to lift a hold on President Donald Trump’s travel ban, ruling that it lacked justification and violated a federal immigration law that prohibits discrimination based on nationality.
The unanimous, unsigned decision by a three-judge panel of the U.S. 9th Circuit Court of Appeals provided a second legal basis for blocking Trump’s travel moratorium and delivered yet another major legal defeat to the Trump administration.
Other courts, including the 4th Circuit Court of Appeals, have ruled that Trump’s ban violated constitutional protections against religious discrimination. The administration has appealed the 4th Circuit decision to the U.S. Supreme Court.
The 9th Circuit, following a different rationale, said it wasn’t necessary to reach the constitutional question because Trump’s order violated the Immigration and Nationality Act passed by Congress.
That reasoning could be more palatable to the Supreme Court than the sweeping constitutional ruling by the 4th Circuit, scholars said.