Seattle district judge James Robart has declined to issue an emergency order banning President Donald Trump’s new travel ban.
The ruling came from the same judge who had issued the order that in effect halted implementation of the first ban.
Judge James Robart said lawyers needed to file more extensive documentation.
The revised 90-day ban on citizens of six mostly Muslim nations is due to come into effect on March 9 but has sparked legal action in a number of states.
Lawyers in Washington had asked Judge James Robart to extend his decision on the first ban to cover the second.
However, the judge cited procedural reasons for not doing so.
Judge Robart said a complaint or a motion would have to be filed before he could rule.
The DoJ had argued that since the initial travel order ban had been revoked, the judge’s first ruling could no longer apply. Those opposing that argument said the new travel ban had the same effect as the original.
In succeeding with the first ban, they argued the move was unconstitutional and damaging to businesses in Washington State.
White House spokesman Sean Spicer said on March 9 that the administration believed the new order would withstand legal scrutiny.
Several states have launched legal challenges:
Oregon – said the order hurts residents, employers, universities health care system and economy.
Minnesota – questioned the legality of the move, suggesting the Trump administration can’t override the initial ban with a fresh executive order.
Massachusetts – new ban “remains a discriminatory and unconstitutional attempt to make good on his campaign promise to implement a Muslim ban”.
Hawaii – argued it would harm its Muslim population, tourism and foreign students.
Washington – it has “same illegal motivations as the original” and harms residents, although fewer than the first ban.
New York – “a Muslim ban by another name”, said the attorney general.
The first order, which President Trump signed in January, sparked mass protests as well as confusion at airports.
Critics maintain the revised travel ban still discriminates against Muslims. Donald Trump supporters say the president is fulfilling his campaign promises to protect Americans.