The White House won't be fighting for its controversial 'Muslim ban' in the Supreme Court.

The White House appears unlikely to escalate its legal fight for Donald Trump’s controversial travel ban to the Supreme Court, despite the President’s fighting words on the matter.

Shortly after an appeals court ruled the executive order, which blocks travellers from seven majority-Muslim countries entering the US, ought to remain suspended, Trump had this to say on the matter:

But on Friday night a senior source within his administration confirmed to a number of American news sources, the matter would not be heading to the highest federal court.

Instead, the White House official suggested the ban’s constitutionality will likely be argued in the lower courts.

Trump confirmed to reporters on board Air Force One he had not given up, however.

“The unfortunate part is that it takes time statutorily, but we will win that battle,” he said.

“We also have a lot of other options, including just filing a brand new order.”

Three judges from the Ninth Circuit Court of Appeals declined to overturn the stay which affects anyone travelling from Syria, Libya, Somalia, Sudan, Yemen, Iraq and Iran yesterday.

The order led to widespread airport chaos, nationwide protests and has been condemned worldwide.