WATCH: US judge rules that President Trump’s travel ban is constitutional
President Donald Trump is in court again on Friday to argue the constitutionality of the travel ban he issued on March 6.
Judge Andrew Hanen ruled in favor of the administration in an appeal from the Justice Department’s lawsuit challenging the ban, which bans travel to the US by nationals of six predominantly Muslim countries.
The ban is being challenged by Hawaii, Washington, DC, Maryland, New York, Pennsylvania and the District of Columbia.
The judge’s decision comes after Hanen denied a motion for summary judgment on Monday in an effort to overturn the ruling.
The decision comes as Trump and the White House continue to argue that the ban violates the constitution.
Trump has previously suggested the ban will not be lifted for a while.
The White House also filed a motion on Friday arguing that Hanen’s ruling does not take into account the fact that the ruling applies to all six countries.
“It does not apply to all the six countries, and therefore, it does not affect the validity of the Executive Order as a whole,” White House press secretary Sarah Huckabee Sanders said in a statement.
“It is also not a question of whether the Executive Orders as a group violate the Constitution.”
In his ruling on Friday, Hanen noted that the government is not arguing that the President’s executive order is unconstitutional.
“The Government’s brief at the outset of the motion does not provide any evidence to support the claim that the Executive order violates the Constitution,” Hanen wrote.
Instead, the judge wrote, “The government does not argue that, because the President has authority to impose his Executive Order, it cannot exercise that authority.
Instead, it argues that the Constitution requires the Government to make a showing that its action is ‘impermissible.'”
The government has also asked the judge to order the State Department to immediately file an amicus brief with the court arguing that, since the President can only suspend the entry of foreign nationals who are already in the US, he cannot ban any new foreign nationals.
Hanen rejected the government’s argument, saying the State department “is not an expert on the Constitution and has no authority to address the Constitution’s application to its own employees.”
The White Senate will now decide whether to take up the Whitehouse’s request for an emergency stay of Hanen to issue an injunction blocking the travel order.
The case has also been closely watched by immigration advocates, who have vowed to continue to press the administration to comply with the judge’s ruling.