Justices end 4th Circuit travel-ban challenge

Supreme Court ‘Tosses’ Challenges to President Trump’s Travel Ban

The Supreme Court has dismissed one of two cases concerning President Donald Trump's ban on visitors from mostly Muslim countries. But after the travel ban expired last month and a new policy was rolled out, the court canceled the argument and began to weigh whether it should decide the legality of the policy after all.

"Because that provision of the order "expired by its own terms" on September 24, 2017, the appeal no longer presents a 'live case or controversy", the Supreme Court said.

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He should also call for an immediate partnership with Europe to address his biggest concerns with the nuclear agreement. Our outraged European allies would not capitulate, and would view the United States as a bully acting in bad faith.

Trump can "win" simply by following through on the executive order, then declaring it fulfilled before the Court hears the various challenges to the case, cutting the Gordian Knot of legal theories and advancing his policies. Succeeding the habitual practice in such cases, The judgment is therefore abdicated and the case is adjourned to the United States Court of Appeals for the Fourth Circuit with directives to disperse as moot the provocation.

The court also vacated the lower-court decision by the Richmond, Virginia-based 4th U.S. Circuit Court of Appeals that had found the travel ban violated the establishment clause by disfavoring the Muslim religion.

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Justice Sonia Sotomayor dissented from the court's order, saying she would have instead just sent the case back to the lower appeals court to be continued.

After Trump replaced his order previously, the court delayed the case which was due this Tuesday. In Maryland, a federal district court has scheduled a new hearing for next week. The new, third travel ban targets travelers from eight countries with varied restrictions. Unlike the earlier bans, it treats some countries and types of travelers, such as students or tourists, differently than others.

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The American Civil Liberties Union, which brought the 4th Circuit challenge on behalf of the refugee group, had said charges of anti-Muslim discrimination still applied "despite some new window dressing" - a reference to the addition of North Korea and Venezuela. In a somewhat confusing order, the Court held that "foreign nationals who have a credible claim of a bona fide relationship with a person or entity in the United States" will not be subject to the ban while the Court takes more time to reach a final decision on how to resolve the case.

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