SCOTUSblog by Amy Howe 10/10/2017
Justices end 4th Circuit travel-ban challenge
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 a brief order issued this evening, the justices sent Trump v. International Refugee Assistance Project back to the U.S. Court of Appeals for the 4th Circuit with instructions to dismiss the case as moot – that is, no longer a live controversy. The justices did not act on Trump v. Hawaii, the challenge that it had agreed to review along with Trump v. IRAP last June. The likely explanation for the different treatment of the two cases is that the Hawaii case challenges a provision of the March 6 order that is still in effect, but will expire later this month. This means that the justices could also dismiss that case, but even if they do, they are probably not done with the issues at the heart of both cases – whether the Trump administration’s restrictions on entry into the United States violate the Constitution or exceed the president’s authority. Those questions are likely to return to the court soon, perhaps even this term.
Both of the challenges were filed after the president’s March 6 order imposed a 90-day freeze on the entry into the United States by travelers from six Muslim-majority countries: Somalia, Sudan, Libya, Yemen, Syria and Iran. The Hawaii case also challenged a provision of the order that suspended the admission of refugees into the United States for 120 days. On September 24, as the 90-day period was due to expire, however, Trump issued a new proclamation that restricted travel to the United States by nationals from five of the six countries on his March 6 list (Somalia, Syria, Libya, Iran and Yemen) and added three more countries: North Korea, Venezuela and Chad. Trump explained that the federal government had, as directed in the March 6 order, evaluated the procedures that it used to vet travelers to the United States. Although the country as a whole “has improved its capability and ability to assess whether foreign nationals attempting to enter the United States pose a security or safety threat,” he indicated, travel restrictions are still necessary for these eight countries.
More:
http://www.scotusblog.com/2017/10/justices-end-4th-circuit-travel-ban-challenge/
