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Hawaii To File Lawsuit Over Trump's New Travel Ban

If Trump was harboring any hopes that his "new and revised" travel ban would sneak through unopposed, they were just dashed by the state in which Trump's ex-presidential nemesis was born. 

Just as the federal government said Washington state and Minnesota had consented to dismiss their cases before the U.S. Court of Appeals in San Francisco, Hawaii announced it plans to challenge Trump's new travel ban, according to legal documents as well as tweets from one of the lawyers involved.

"Here we go," tweeted Hogan Lovells partner Neal Katyal Tuesday night, and one of Hawaii's lead attorney. "Proud to stand w/State of Hawaii challenging Pres. Trump's 'new' Executive Order issued yesterday."

Here we go. Proud to stand w/State of Hawaii challenging Pres.Trump's "new" Executive Order issued yesterday. 1/2

— Neal Katyal (@neal_katyal)

"To be sure, the new executive order covers fewer people than the old one," Katyal said in an interview with CNN. However, he added that the new order though still "suffers from the same constitutional and statutory defects."

The state will file its complaint and temporary restraining order in federal court by Wednesday, according to a document published on the website of the Hogan Lovells law firm, based in Washington.

After Trump's initial immigration order faced quick backlash, with protests breaking out across the country and many lawmakers speaking out against it, the president on Monday issued a new revised order on immigration which revised the original one by exempting green card holders, removing Iraq from the list of banned countries, and being phased in over a period of time. It still bans travelers from six mostly-Muslim countries from entering the United States for 90 days and bans all refugees from entering the country for 120 days.

According to a briefing schedule set forth in documents filed in federal court by the state of Hawaii on Tuesday, the federal government will file its response by Monday and oral arguments would take place on March 15.

The Trump Admin & State of Hawaii have jointly asked the Ct for oral argument on 3/15. 2/2

— Neal Katyal (@neal_katyal)