All the federal judges on Richmond's U.S. Fourth Circuit Court of Appeals are expected to hear oral arguments in President Donald Trump's travel ban appeal case.
A person walks away from the federal courthouse in Seattle carrying a sign that reads "The Ban is Inhumane and Unconstitutional", Friday, Feb. 3, 2017, following a hearing in federal court in Seattle.
The 13 appeals judges comprise almost the entire bench of the U.S. Fourth Circuit Court of Appeals, which will hear oral arguments on the travel ban May 8.
The Justice Department is arguing that a federal judge in Hawaii wrongly blocked the travel ban last month.
The government is appealing a Maryland district judge's decision to block Trump's executive order that temporarily banned nationals from six majority-Muslim countries from entering the US hours before it was set to take effect.
But the Richmond, Virginia-based court said Monday that Trump's case will go straight to the full court.
Under normal circumstances, a three-judge panel usually hears appeals cases. The president's lawyers appealed that ruling to a different appeals court.
Attorneys against the ban argue the executive order can not escape the context of controversial statements Trump made on the campaign trail, and violates the Establishment Clause of the First Amendment.
This is a developing story.