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The Trump administration and the parties challenging its controversial ban are set to have their day in court – kind of.

As the administration filed a reply brief Monday arguing that states challenging its ban on certain immigrants coming to the US do not have any legal right to intervene in the immigration system, the appeals court set a hearing for both sides to argue their respective cases on Tuesday afternoon.

In the administration’s formal response to an appeals court, it argued that the states that persuaded a judge to suspend the ban on Friday did not have the legal standing to bring the case.

The appeals court late Monday set oral arguments on the appeal for Tuesday afternoon at 3 pm Pacific time. It is unlikely that the panel will issue its ruling before the hearing, which will be held over the telephone.

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