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State and federal lawyers will argue before a panel of federal appellate court judges Tuesday in the pitched fight over President Donald Trump's travel and refugee ban that could reach the Supreme Court.

The legal dispute involves two divergent views of the role of the executive branch and the court system. The federal government maintains the president alone has the power to decide who can enter or stay in the United States, while states suing Trump say his executive order is unconstitutional.

Seattle U.S. District Judge James Robart, who on Friday temporarily blocked Trump's order, has said a judge's job is to ensure that an action taken by the government "comports with our country's laws."

The Justice Department filed a new defense of Trump's ban on travelers from seven predominantly Muslim nations as a federal appeals court weighs whether to restore the administration's executive order. The lawyers said Monday the travel ban was a "lawful exercise" of the president's authority to protect national security and said Robart's order that put the policy on hold should be overruled.

The filing with the San Francisco-based 9th U.S. Circuit Court of Appeals was the latest salvo in a high-stakes legal fight surrounding Trump's order.

Washington state, Minnesota and other states say the appellate court should allow a temporary restraining order blocking the travel ban to stand as their lawsuit moves through the legal system.


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