SCOTUS Tosses One of the Challenges to Travel Ban

Supreme Court dismisses case against Trump's expired travel ban

The U.S. Supreme Court on Tuesday threw out an appeals court ruling that struck down President Donald Trump's previous temporary travel ban targeting several Muslim-majority nations countries that has now expired.

The Hawaii case similarly challenged section 2 (c) - but it also challenged the provisions of the ban dealing with refugees.

Instead, the challengers urged, the justices should dismiss the cases as "improvidently granted" (that is, on the ground that it was a mistake for the court to have agreed to review them), an outcome that would leave the decisions below in place, and allow the two sides to renew their dispute in litigation over the newest proclamation. Litigants wishing to challenge the latest version of the travel ban will now need to start afresh with a new lawsuit.

The court dismissed it as a moot case from Maryland.

The ban's challengers argued that the case against the last version should go forward because numerous same travelers and their families are adversely affected - not just for 90 days, but indefinitely.

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Jadwat argued the new executive order does not change the "religious condemnation" present in the earlier version, "which - despite some new window dressing - continues to relay a message of disparagement to the plaintiffs and other members of their faith".

An individual case from the 9 Circuit in California was pending because it includes a ban on refugees worldwide.

However, any effort by the court to clear the decks of the travel ban issue is likely to be short-lived. In Maryland, a federal district court has scheduled a new hearing for next week.

Trump furnished a novel command about immigrants last month, and the management had conveyed the court that meant there was no basis for the justices to pass judgment on the old one. The new version followed a three-month review of immigration procedures. The new, third travel ban targets travelers from eight countries with varied restrictions.

Unlike the other bans, it treats some countries and types of travelers, such as students or tourists, differently than others. Sudan was removed from the list, but Chad, North Korea and Venezuela were added. 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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