The Washington State Attorney General’s Office responded to President Donald Trump’s notice of filing a second Executive Order to bar travel from Muslim-majority countries. The response comes three days after Trump’s revised order; the first was dismissed by the Ninth Circuit Court of Appeals last month.
The new filing in State v. Trump argues, “It is the judicial branch, not the President, that decides whether actions are lawful, and this Court should confirm that its injunction applies to these reissued provisions.”
On the new Executive Order, the filing states: “The President cannot unilaterally declare himself free of this Court’s injunction and reinstate policies that this Court already enjoined. Rather, President Trump bears the burden of showing that the factual or legal background has changed significantly enough to warrant a modification of this Court’s injunction.”
The hearing for this case will be March 15, which is the day before Trump’s new ban is set to go into effect.
— WA Attorney General (@AGOWA) March 10, 2017