The ruling came just ahead of a deadline for states challenging the travel ban to submit briefs to the Supreme Court in response to the Trump administration's request that the nine justices hear the case.
The 9th Circuit cited tweets from Trump, including one following a terrorist attack in London this month in which he said: "we need a TRAVEL BAN for certain unsafe countries" - not nationalities.
"S.C." likely refers to the U.S. Supreme Court, where the president has pledged to take the travel ban legal fight.
The San Francisco-based 9th US Circuit Court of Appeals used narrow grounds to reject the Trump administration's bid to undo a Hawaii federal judge's decision blocking the temporary ban.
The Trump administration has already sought the high court's review of another appellate court's ruling against the executive order, which called for temporarily suspending the USA refugee program and barring travelers from six majority-Muslim countries. However, Trump seemed to disagree with some of his underlings in a series of tweets early in the morning of June 5, wherein he urged the Justice Department to "seek an expedited hearing of the watered down Travel Ban before the Supreme Court" while working on a "much tougher version in the meantime".
Orrick is a lower-court judge whose rulings would be reviewed by the 9th Circuit.
The latest version of the ban - which Trump signed after revoking an order that banned residents of seven Muslim-majority countries - describes conditions in the countries affected and says that more than 300 people who entered the country as refugees were the subject of active counterterrorism investigations. Under that new schedule, the Trump administration has until Thursday to press its case, Hawaii has until next Tuesday to respond, and then the administration until a day later to reply to Hawaii's opposition.More news: Los Leones golearon a Malasia en Londres
In an added dramatic twist, Trump himself plans to go to the Supreme Court on Thursday for the investiture of Justice Neil Gorsuch, an administration official said.
They upheld an earlier court ruling, which stated that the President had exceeded the authority Congress granted him in making national security judgments in the realm of immigration without adequate justification.
They also said that there was no link between nationality and tendency to commit terrorist acts proved by the Government. Given those facts, the reporter asked Spicer if Trump was not putting his own agenda in danger when it comes to his Twitter habits. The court typically also has the last word when a federal court strikes down a law or presidential order.
The court agreed with the government that federal law gives presidents broad powers over the entry of people from other countries and over actions to protect the American public.
They didn't rule on whether the travel ban violated the Constitution's ban on the government officially favoring or disfavoring any religion. The 4th Circuit found the policy unconstitutional on that basis.
The White House said Monday that it was reviewing the court's decision.