Supreme Court throws out travel ban ruling

12 October, 2017, 01:00 | Author: Julian Swanson
  • Supreme Court US supreme court Donald Trump Muslim countries Maryland Hawaii

The Supreme Court dismissed a major challenge to President Donald Trump's travel ban on residents of some Muslim-majority countries because of its replacement with a newer version. She would have dismissed "the writ of certiorari as improvidently granted" in the International Refugee case - a result that still would have removed the case from the Court's docket, but that would have left previous orders concerning the case in place.

The March 6 decree, opposed by the states of Maryland and Hawaii, was suspended.

After Trump replaced his order previously, the court delayed the case which was due this Tuesday. Those questions are likely to return to the court soon, perhaps even this term.

The proclamation blocks people from Chad, Libya and Yemen from coming to the United States as immigrants or on business or tourist visas, and it blocks people from Somalia from coming as immigrants.

At the same time, lower courts also tried to place strict additional limits on the refugee ban. The first restricts travel by citizens of certain nations; the second limits refugees' ability to enter the United States, regardless of those refugees' nation of origin. It held that Trump's earlier temporary travel ban order was unconstitutional. The court ordered the parties in both cases to file additional briefs arguing whether the case is now moot given the new order. The refugee restrictions are set to expire on October 24, and the case is also likely to be dismissed as moot when that happens, according to the press coverage.

Supreme Court dismisses a pending challenge...

The challengers countered that the disputes are not moot and should be returned to the court's calendar for oral argument and an eventual decision on the merits.

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 September 24 when it expired, report SCOTUSblog, the New York Times, the Washington Post and USA Today.

The high court's new order vacated a caustic ruling that the 4th U.S. Circuit Court of Appeals issued in May in which the court's chief judge declared that Trump's ban "drips with religious intolerance, animus and discrimination".

Justice Sonia Sotomayor dissented from the court's action.

On Tuesday, the Supreme Court quashed the appeal decision on the Maryland ruling, with the suspension in Hawaii still valid but its days likely numbered.

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