new york u.s. appeal court weigh arguments president donald trump temporary travel ban decision week may yet answer underlie legal question raise fast-moving case 9th u.s. circuit court appeal san francisco expect rule narrow question whether low court emergency halt executive order trump justify trump sign order jan. 27 bar citizens seven muslim-majority countries 90 days halt refugee entries four months appeal court several options could kick case back low court judge jam robart seattle say premature make rule chance consider evidence robart stop trump order week issue arguments develop side panel three appellate judge could side government find halt order harmful national security reinstate case continue decision one step long historic case stephen yale-loehr professor cornell university law school specialize immigration ultimately case likely end u.s. supreme court legal experts say case first serious test executive authority since trump become president jan. 20 legal experts say three main issue play judiciary broad question case whether state right challenge federal immigration laws much power court question president national security decisions order discriminate muslims washington state file original lawsuit claim hurt ban students faculty state-run universities corporate employees strand overseas trump administration lawyer august flentje argue appeal court hear tuesday state lack stand sue federal government immigration law arguments question judge court decide state allow bring case next major question limit president power historically court exceedingly deferential governmental action immigration area say jonathan adler case western reserve university school law professor though add way carry understandably make people perhaps court uneasy apply traditional rule trump issue order late friday cause chaos airports officials struggle quickly change procedures tuesday hear judge richard clifton appointee republican president george w. bush judge william canby appointee democratic president jimmy carter push government explain would happen trump simply decide ban muslims enter unite state would anybody able challenge canby ask flentje emphasize order ban muslims say president make determination immigration policy base legitimate assessment risk government say order ground law pass congress allow president suspend entry class alien deem would detrimental interest unite state ask third judge michelle friedland appoint democrat barack obama mean president decisions unreviewable flentje pause answer yes press flentje acknowledge however constitutional concern raise order one main concern allegations state civil right group lawmakers citizens order discriminate violation constitution first amendment prohibit favor one religion another judge decide whether look exclusively actual text president order mention particular religion consider outside comment trump team discern intent washington state attorney noah purcell tell hear even though lawsuit early stage amount evidence trump intend discriminate muslims remarkable cite trump campaign promise total complete shutdown muslims enter unite state tweet monday night trump say threat radical islamic terrorism real urge court act quickly government lawyer flentje counter purcell say danger second guess trump decision-making u.s. security base newspaper article clifton ask statements fox news trump adviser rudolph giuliani former new york mayor former prosecutor trump ask figure make muslim ban legal deny fact statements attribute candidate trump political advisers recently mr. giuliani clifton ask either type statements make say clifton make potential evidence legal battle travel ban pit trump 's power word