Supreme Court dismisses a pending challenge to Trump's second travel ban

12 October, 2017, 01:01 | Author: Eleanor Thompson

The Supreme Court on Tuesday scrapped one of the legal challenges to President Trump's travel ban, saying the new policy the White House announced late last month supersedes the older policy.

The ruling is a victory for the Trump administration, which had asked the court to drop the case after Trump signed a proclamation September 24 that replaced the temporary travel ban on six nations with a new, indefinite ban affecting eight countries.

Justice Sonia Sotomayor was the only judge to dismiss the case as improvidently granted, saying she would have preserved the appeal's court ruling against the ban rather than vacating it all together.

The court has not yet announced whether it plans to hear the other challenge to the order brought by the state of Hawaii regarding Trump's ban stopping the refugee resettlement program in the US for 120 days. 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.

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But the new travel ban and the Supreme Court's order vacating the 4th Circuit appeals court judgment puts the administration in a somewhat stronger position, at least for now. Though the Court does not explain why it treats these two cases differently, it likely stems from one crucial difference between them.

Mr. Trump last month revised the six-country travel ban first issued in March.

At the same time, lower courts also tried to place strict additional limits on the refugee ban.

The court dismissed it as a moot case from Maryland.

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

Hawaii is seeking a nationwide order against the ban that removes Sudan from the list of affected countries and adds Chad and North Korea, along with several officials from the government of Venezuela.

The Hawaii case also challenged a provision of the order that suspended the admission of refugees into the United States for 120 days.

The latest travel ban targets five countries included in two previous versions. Attorneys in both Trump v. Hawaii and Trump v. IRAP have sought to amend their original complaints (here and here) to challenge the new proclamation, while another group - the Council on American-Islamic Relations - has filed its own challenge.

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