washington fate president donald trump order ban travelers six predominantly muslim nations block federal court may soon hand conservative-majority supreme court appointee neil gorsuch could help settle matter richmond-based 4th u.s. circuit court appeal decline thursday lift maryland federal judge injunction halt temporary ban order trump march attorney general jeff sessions say administration would appeal supreme court second regional federal appeal court hear arguments may 15 seattle administration appeal decision federal judge hawaii also block ban rule 9th u.s. circuit court appeal pending justice department make clear administration would make formal appeal whether would wait 9th circuit rule appeal take justices would call upon decide whether court always defer president allow certain people enter country especially national security state reason action case also would decide trump order violate u.s. constitution bar government favor one religion another ban challengers assert gorsuch april confirmation republican-led senate democratic opposition restore court 5-4 majority mean conservative justices side administration ban would restore regardless four liberal justices vote senate confirmation hear gorsuch question trump criticism judge rule ban gorsuch avoid comment legal issue say would rubber stamp president justices could decide come weeks whether hear case likely would hold oral arguments late year rule sometime final resolution may come perhaps year trump issue executive order justices require hear case one meet important criteria cite experts include would federal government file appeal involve nationwide injunction administration could file emergency application seek put order effect litigation legality continue least five justices must agree request grant court could split 5-4 along ideological line also possible conservative justices could join liberals overturn travel ban libertarian law professor ilya somin george mason university say conservatives contexts often take hard line kind government discrimination base race religion like even motivation may benign also conservatives concern government infringements religion somin say 4th circuit say ban challengers include refugee group case argue american civil liberties union likely succeed claim order violate constitution prohibition government favor disfavor religion 10-3 rule three republican-appointed judge dissent republican president march order replace early jan. 27 one also block court call bar people iran libya somalia sudan syria yemen 90 days government implement strict visa screen also call suspend refugee admissions 120 days travel ban challengers may take comfort appeal court rule reliance concur opinion 2015 supreme court immigration case justice anthony kennedy conservative sometimes side court liberals big case 2015 case kennedy write immigration context government action question evidence bad faith opinion justice kennedy think million-dollar question mean concurrence may perfect case find university texas school law professor stephen vladeck say thursday rule 4th circuit chief judge roger gregory write plaintiffs show ample evidence bad faith give green light probe whether reason order administration state national security rationale administration argue temporary travel ban need guard terrorist attack gregory write order use vague word national security context drip religious intolerance animus discrimination trump presidential campaign call total complete shutdown muslims enter unite state trump travel ban fight head toward supreme court showdown