Hawaii, in a motion joined by Justice Department lawyers, asked to present arguments on its legal challenge to the new order on the morning of March 15 and to file briefs before that.

The Justice Department has asserted that there is “no imminent harm” from the imposition of the new ban, as visa applicants typically have to wait months. To win a temporary restraining order, Hawaii would have to prove there was an immediate need for it.

In the long run, the state probably would try to prove that the executive order violates the establishment clause of the First Amendment in that it intentionally discriminates against Muslims.