Federal appeals court judges on Monday upheld President Donald Trump’s temporary restraining order that blocked the latest round of his controversial travel ban.
The judges said the president can still block the measure if he thinks it would be harmful to national security.
Trump’s original travel ban, signed by President Barack Obama in January, was blocked by a 3-4 vote in the U.S. Court of Appeals for the 9th Circuit.
A three-judge panel of the court unanimously agreed with Trump that it is unconstitutional for the administration to withhold federal funds from any country that the president thinks would be a security risk.
Trump has argued that the ban was needed to keep Muslims out of the United States and has called for the countries that are impacted to be banned.
The 9th U. S. Circuit Court of Appeal, which hears appeals from federal courts, rejected Trump’s argument that the executive order violates the First Amendment.
Trump had argued that it would violate the Constitution’s guarantee of equal protection under the law, and he had argued it was needed because his ban was intended to be temporary.
He also argued that its implementation would be hampered by the court’s order, and that the order should be stayed pending appeal.
The ruling is a victory for Trump, who argued in January that the government’s argument for restricting travel was not compelling enough to justify a temporary restraining measure.
Trump said in a statement after the ruling that he was “satisfied” with the ruling and that he will use the ruling to defend the order at the Supreme Court.
The court has said the administration will appeal the ruling.
A group of U.N. rights groups filed a lawsuit challenging the travel ban last month.
It argued that Trump’s revised executive order violated the constitutional separation of powers and that it violated the 14th Amendment of the U .
Constitution that bars the federal government from favoring one religion over another.
Trump signed an executive order on Jan. 27 to ban people from seven majority-Muslim countries from entering the United State for 90 days.
He later issued a new travel ban in March, which barred citizens of Iran, Libya, Somalia, Sudan, Syria and Yemen from entering for 90 consecutive days.