Trump administration files notice it will appeal ruling against second version of travel ban

The Trump administration filed court papers Friday hoping to salvage its second version of a travel ban after two judges in separate cases this week found that it probably violated the Constitution.

The Justice Department filed papers in federal court in Maryland, setting up a new legal showdown in the U.S. Court of Appeals for the 4th Circuit, located in Richmond.

This week, federal judges in Hawaii and Maryland issued orders against the travel ban, finding that it violated the First Amendment by disfavoring a particular religion. If the Justice Department had appealed the Hawaii order, the case would have gone to the same San Francisco-based appeals court that rejected an earlier version of the travel ban.

William Jay, a former Justice Department lawyer specializing in appellate cases, said the government may have a very simple reason for challenging the Maryland case first: The judge there issued a preliminary injunction, which is more easily appealed in federal courts than temporary restraining orders like the one issued in Hawaii.

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