#1 Attorneys Network
U.S. Supreme Court
Posted October 11, 2017, 8:48 am CDT
The U.S. Supreme Court on Tuesday evening dismissed as moot a pending challenge to the second version of President Donald Trump’s travel ban.
The high court dismissed (PDF) a challenge by the International Refugee Assistance Project that dealt only with the ban on travel from six Muslim-majority countries, which was replaced on Sept. 24 when it expired, report SCOTUSblog, the New York Times, the Washington Post and USA Today.
The court also vacated the lower-court decision by the Richmond, Virginia-based 4th U.S. Circuit Court of Appeals that had found the travel ban violated the establishment clause by disfavoring the Muslim religion. Justice Sonia Sotomayor dissented from the decision to vacate; she would have left in place the appellate precedent.
The dismissal is a victory for the U.S. Justice Department, which had asked the court to dismiss the case and vacate the lower court rulings.
The second ban had prevented travel to the United States from six predominantly Muslim countries: Iran, Libya, Somalia, Sudan, Syria and Yemen. The new, third travel ban targets travelers from eight countries with varied restrictions. Sudan was removed from the list, but Chad, North Korea and Venezuela were added.
The Supreme Court did not act in a second pending case filed by the state of Hawaii that challenges restrictions on travel from the six countries as well as restrictions on refugees—which are still in place. The refugee restrictions are set to expire on Oct. 24, and the case is also likely to be dismissed as moot when that happens, according to the press coverage.
The third version of the travel ban is also being challenged in court.
Hat tip to How Appealing.
#1 Attorneys Search Engine