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First state lawsuit against new Trump travel ban announced

President Trump's second travel ban will be challenged by Hawaii in court Wednesday, it was announced. Photo credit: PAUL J. RICHARDS/AFP/Getty Images

President Trump's second attempt at a travel ban is already being challenged in court, as it was announced Tuesday that Hawaii will question the legality of the order.

Tucker Carlson reported the breaking news on Fox, saying, "The state of Hawaii has announced it will challenge the Trump administration's revised executive order, the one that blocked travel from six nations, mostly in the Middle East."

"That lawsuit which will be filed tomorrow is the first of what may likely will be many challenges to the new order," he continued, "which is designed to better stand legal scrutiny."

More from CNN:

Attorneys for the state explained in court filings Tuesday that they intend to file a motion Wednesday asking a federal judge to issue a temporary restraining order blocking implementation of the new executive order -- and fast.

The new executive order was signed by Trump on Monday after the first was met with delays, confusion, massive protests, and ultimately a successful court challenge. This new order cut out Iraq from the previous seven nations from which travel was restricted. Administration officials explained that the country was exempted from restrictions because it was our ally in the war against terror.

"To be sure, the new executive order covers fewer people than the old one," Neal Katyal, one of the lead attorneys for Hawaii, said in an interview with CNN. But in his view, the new travel ban still "suffers from the same constitutional and statutory defects."

Both sides in the Hawaii case have now asked for the judge to approve a tight briefing schedule in order for the state's request to be heard before the new executive order goes into effect on March 16.

Critics say that the ban is unconstitutional because it targets Muslim countries, while supporters say that a "Muslim ban" wouldn't allow travel from the majority of officially Muslim nations as this order does. Trump originally vowed to take the defense of his first travel ban to the Supreme Court, but backed down and ended up writing a second, supposedly more legally defendable order.

A recent poll of Americans showed more supported the ban than opposed it, just under a majority.

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