Judge says ‘no’ to Washington, and Trump administration

A federal judge in Seattle is telling Washington state, “No.” And he’s also giving the Trump administration the same answer, in the latest battle over Trump’s travel ban.

Related: Ferguson says Trump can’t play whack-a-mole with travel ban

US District Judge James L. Robart said that neither Washington state nor federal attorney’s have properly filed for the court to take action on Trump’s latest travel ban. Trump has ditched his initial, controversial executive order, and replaced it with a newer version. Administration lawyers argued as much with the court.

Washington, however, argues that the new travel ban is too similar to the original. State lawyers said the restraining order on the first travel ban should extend to the updated version.

Essentially, both the plaintiff and the defendant have engaged in some legal nit-picking over the old, and new executive order. But neither have provided the judge with a proper request. Judge Robart said either party needs to file something more than mere statements of intent.

Defendants filed a ‘notice’ – not a motion to modify the injunction; an Plaintiffs each filed a ‘response’ – not a motion to enforce the injunction … The court declines to decide any of the issues raised in the parties’ filings until such time as one of the parties files a motion that is both properly noted under the court’s Local Rules and properly briefed.

Robart will therefore not make any decisions based on the state or administration’s current requests.

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