United States Court of Appeals for the Ninth Circuit
Whether the three-judge panel agrees to go along could be an early test for the president's authority.
The president's executive order could remain frozen or move forward, depending on what happens Tuesday.
Judge Alex Kozinski's family fled communism when he was a child.
“We view the Order as one that ultimately undermines the national security of the United States, rather than making us safer."
WHAT'S HAPPENING
The administration is trying to make the case that judicial review of its executive order imperils national security.
Brief argues that judge "second-guessed" the president's national security judgment.