Kennedy, who handles cases on an emergency basis from the U.S. Court of Appeals for the 9th Circuit, ordered those suing over the ban to respond by noon Tuesday, and he indicated that the appeals court ruling in their favor would be stayed "pending receipt" of their response.
The Trump administration asked the country's highest court on Monday to block a lower court ruling that would allow refugees with formal assurances from USA resettlement agencies to come to the United States.
Trump's Muslim Ban order has two relevant parts. The Supreme Court ultimately decided that Trump could impose that measure, but not on those with a "bona fide" connection to the United States, such as having family members here, a job or a place in an American university. The court also said that the government could not block the immigration of grandparents, aunts, uncles, and other extended family members.
The administration said Monday that while it disagreed with that part of last week's ruling by a San Francisco-based appeals court, it was contesting only the portion of the ruling related to refugees in Monday's request.
The Trump administration said it should not, meaning such refugees would be barred.
The government said formal assurances from a refugee agency that may not have had direct, personal contacts with the refugee were not covered in that exception.
What position paper means for British negotiators
Guy Lougher of Pinsent Masons, the law firm behind Out-Law.com said: "The Commission's paper doesn't materially progress things". The prospect of a physical border in Ireland would have a significant impact on the economy on both sides of the boundary, Dr.
But the 9th Circuit last week ruled that refugees a US resettlement agency has committed to providing services for once they have arrived in the country should be exempt from Trump's order.
In a one-page decision signed by Judge Anthony Kennedy, the high court temporarily blocked a decision by the 9th Circuit Court of Appeals last week that stopped the government from prohibiting refugees from entering if a resettlement agency in the U.S. has agreed to take them in.
Justice Department asks Supreme Court to...
If implemented, Wall argued, the 9th Circuit's orders would result in "precisely the type of uncertainty and confusion that the government has worked diligently to avoid" in its implementation of the order so far.
Absent Supreme Court action, the Ninth Circuit's decision is due to go into effect Tuesday.
The dispute taken to the justices Monday addresses how much of the travel ban can be enforced until the Supreme Court rules on the broader issues.