In Victory for Trump, Supreme Court Drops 1 Travel Ban Case

Danny Woods
October 12, 2017

One of the challenges to President Donald Trump's March 6 executive order, often known as the "travel ban", came to an end at the Supreme Court today, at least for now.

In dismissing the case the International Refugee Assistance Project brought against the administration, the justices said "we express no view on the merits".

In the one-paragraph order, the court said that because Trump's executive order "expired by its own terms" on September 24, "the appeal no longer presents a 'live case or controversy'".

The cases raise complicated and far-reaching issues about the president's powers, and many legal experts believe the court may not want to jump in unless it is necessary. After the ban's 90-day time limit expired, the court decided the case should expire too.

Jadwat argued the new executive order does not change the "religious condemnation" present in the earlier version, "which - despite some new window dressing - continues to relay a message of disparagement to the plaintiffs and other members of their faith". That dispute concerns both the travel ban and a separate ban on refugees, which does not expire until 24 October.

The court's directive did not indicate a second ruling, by a panel of the U.S. Court of Appeals for the 9th Circuit.

Justice Sonia Sotomayor dissented from the court's order, saying she would have instead just sent the case back to the lower appeals court to be continued.

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The justices had combined the two cases and set them for argument that was to have taken place Tuesday.

One judge has already scheduled a hearing for Monday on a request to block Trump's new order before it kicks in next week.

The latest travel ban targets five countries included in two previous versions.

Unlike the other bans, it treats some countries and types of travelers, such as students or tourists, differently than others.

The American Civil Liberties Union, which brought the 4th Circuit challenge on behalf of the refugee group, had said charges of anti-Muslim discrimination still applied "despite some new window dressing" - a reference to the addition of North Korea and Venezuela.

The third version of the travel ban is also being challenged in court.

Other reports by LeisureTravelAid

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