Published: Thu, October 12, 2017
Entertaiment | By Lawrence Myers

Justices end 4th Circuit travel-ban challenge

Justices end 4th Circuit travel-ban challenge

On Tuesday, the Supreme Court dismissed the ban on majority-Muslim countries.

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.

But the justices took no action on a separate case from Hawaii. That case also features a challenge to a separate 120-day refugee ban, which has not yet expired. That is likely because that ruling also covered a temporary ban on refugees which expires later this month.

Because most of the controversial provisions of the executive order only last 90 days, Trump it could be fully implemented before the Court hears the case.

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The challenges in both cases already have renewed their lawsuits in the lower courts, starting the legal process anew.

Under its original schedule, the court would have heard the case Tuesday, but had delayed oral argument after Trump replaced his earlier order. It declares the International Refugee Assistance Project case moot - effectively wiping any past decisions in that case from the books - while leaving the Hawaii case on the Court's docket.

The ban's challengers also argued that the case against the last version should go forward because numerous same travelers in the initial band are being targeted by the new ban, which has an indefinite time frame.

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

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"Plaintiffs retain an all-too-real stake in the outcome of the case", the group's attorney, Omar Jadwat, said in a filing to the court on October 5.

Justice Sonia Sotomayor dissented from the court's action.

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. But unlike the previous ban, the restrictions vary from place to place, and countries that increase their cooperation and information-sharing with the United States might be able to find their way off the list.

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