The US Supreme Court dismissed a legal challenge to the Presidents travel ban lat on Tuesday night. The conclusion was the expiration of the ban in September ended the controversy.
The order was issued after 7:30 pm and the justices remanded the case to the 4 US Circuit Court of Appeals, in Richmond. The judges ordered the court to wipe the case as “moot,” and directed the 4th Circuit to vacate the finding that the order was unlawful. The Daily Caller reports:
A legal rule called the Munsingwear doctrine requires the vacatur of all lower court rulings in a case that is mooted while awaiting Supreme Court review, with several exceptions. Justice Sonia Sotomayor dissented from the Court’s vacate order but agreed that the challenge should be dismissed.
The 4th Circuit’s decision said that the ban “drips with religious intolerance, animus, and discrimination.”
The justices removed the case from their calendar in late September, after scheduling it for oral arguments Oct. 10 during the summer.
The justices did not dismiss a second travel ban challenge brought by Hawaii. Where the case arising from the 4th Circuit concerned only the 90-day travel ban, the Hawaii case also challenges the 120-day ban on refugee resettlement, which will not expire until later this year. Tuesday’s order strongly suggests that the justices will dismiss the Hawaii case once the refugee resettlement provision terminates.
In each case, the challengers argue Trump’s order exceeds his authority under federal immigration law. They further say the order is unconstitutional, claiming in targets Muslims for disparate treatment.
The travel ban was replaced by another proclamation is late September, assessing travel sanctions against eight countries that fail to comply with U.S. security standards. Legal challenges to the September proclamation could reach the high court in the coming months.
Do you agree with the Supreme Court?