UPDATED | February 15, 2017 4:45 PM

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SAN FRANCISCO (CBSDFW.COM/AP) — Texas is splitting with other states and defending President Donald Trump’s ban on travelers from seven predominantly Muslim nations.

Texas Attorney General Ken Paxton filed documents with the San Francisco-based 9th U.S. Circuit Court of Appeals on Wednesday asking the court to reconsider its decision not to immediately reinstate the ban.

Paxton says the ban is a legal exercise of presidential authority.

“The law makes it very clear that the president has discretion to protect the safety of the American people and our nation’s institutions with respect to who can come into this country,” Attorney General Paxton said. “The safety of the American people and the security of our country are President Trump’s major responsibilities under the law.”

A three-judge panel last Thursday refused to block a lower court decision that suspended the ban.

The panel rejected the Trump administration’s claim of presidential authority and concluded that the order was unlikely to survive the legal challenge mounted by the states of Washington and Minnesota.

The 9th Circuit will decide whether to have a larger panel of judges reconsider that decision.

“It is unfortunate that Ken Paxton does not spend his time and taxpayers’ money performing his duties as Texas Attorney General,”  said Carol Donovan, the Dallas County Democratic Party Chair. “He would do well to work on cases to support and improve Texas public schools, foster care & health programs instead of working on the losing side of a case supporting an unconstitutional executive order that discriminates against people based on religion.”

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