The court is set to hear oral arguments by phone on Tuesday at 3 p.m., in the next critical legal test of whether the president's decision to ban travel by people from seven Muslim-majority countries and halt refugee resettlement in the USA will be upheld.
It comes after the 9th US Circuit Court of Appeals in San Francisco refused to implement Trump's controversial travel ban "pending a full consideration of the emergency motion".
Trump, who took office on January 20, has defended the measure, the most divisive act of his young presidency, as necessary for national security.
"Trump's initial criticism came against US District Judge James L. Robart, who temporarily halted Trump's executive order, and who Trump referred to as a "so-called" judge".
The US Justice Department said it is reviewing the appeals court decision and was "considering its options".
The ban was widely criticized for targeting Muslims, and several states sued the Trump administration claiming it harmed citizens, businesses, and universities.
"This is probably going to the Supreme Court, but I don't think it's going anywhere good for Donald Trump - even if the Supreme Court rules along party lines and is deadlocked, because the lower court's decision would stand".
Meanwhile, an attorney for the state of Washington, which filed the initial suit against the ban alongside Minnesota, argued that there is "shocking evidence of intent to discriminate against Muslims", which is unconstitutional. "It's so sad", said Trump, who noted he had listened to the hour-long appeals court hearing on Tuesday. As a result, foreign travelers from the seven banned Muslim-majority countries have been allowed to enter the United States - for now.
A 15-page brief issued by the Justice Department on Monday night argued the executive order was "neutral with respect to religion". Three federal judges heard oral arguments Tuesday to determine whether the travel ban would be reinstated.
Ferguson also responded to Trump's tweet in a press conference, saying, "We have seen him in court twice, and we're 2-for-2".
However, at least two of the panelists, Judge Michelle Friedland and Judge William Canby, appeared skeptical of the administration's position and whether Trump's travel ban amounts to a ban on Muslims.