Story highlights Trump's order bars citizens of seven Muslim-majority countries

A state has to prove that it has been harmed in order to bring the challenge

(CNN) Top Justice Department lawyers are now in charge of defending the Trump administration's hastily drawn up executive order, and they are assiduously avoiding President Donald Trump's blunt and inflammatory tweets in favor of sweeping and bold statements about national security and executive power.

In their first full-throated defense of the executive order, the lawyers argue that a lower court's injunction "contravenes the constitutional separation of powers ... harms the public by thwarting" enforcement of the order, and "second-guesses" the President's judgment about the "quantum of risk posed by the admission of certain classes of aliens."

Trump's order bars citizens of seven Muslim-majority countries -- Iraq, Syria, Iran, Libya, Somalia, Sudan and Yemen -- from entering the US for 90 days, all refugees for 120 days and indefinitely halts refugees from Syria.

Since the federal appeals court rejected a request to immediately reinstate the travel ban, lawyers for Washington state and Minnesota have until 2:59 a.m. Monday to file legal papers, and the Justice Department lawyers have until 6 p.m. Monday evening to reply. Then a three-judge panel will decide whether to schedule a hearing or issue a ruling.

Justice Department lawyers face an uphill battle to vacate the lower court's order, but in making their arguments, they've laid out a broad defense that will replay in other upcoming challenges.

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