WASHINGTON (AP) — The Supreme Court has canceled arguments set for Oct. 10 in the dispute over President Donald Trump’s travel ban, after Trump rolled out a new policy Sunday.
The unsigned order from the justices Monday asks both sides to weigh in by Oct. 5 about what to do with the case.
The court had been ready to hear argument about the legality of a 90-day ban on travelers from six mostly Muslim countries and a 120-day ban on refugees from around the world.
The ban expired Sunday and was replaced by a new policy that affects eight counties and has no expiration date.
Those countries are Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela and Yemen.
Chad, North Korea and Venezuela were not covered by the earlier ban.
This is why I was confused about them granting cert in the first place. The ban has now expired so isn’t it moot? Meaning, there is nothing for the Supreme Court to consider and lawsuits over the new bans start over.
Of course Trump has never intended to actually propose legislation. His plan has always been ‘temporary’ bans being issues every 90 to 120 days.
And, apparently, before arguments can actually be heard, issue a NEW temporary order so the challenge process starts all over.
Sometimes the court is willing to hear cases that raise important constitutional issues even if the particular case has become moot during the litigation process. (One of the state arguments in Roe v. Wade was exactly that – that an abortion case should never be allowed to come to the Supremes because any individual woman who had been prevented from getting an abortion would no longer be in need of one by the time the case was heard…)
But Trump’s new ban has no expiration date- in perpetuity. If he went with successive temp bans, one would hope the Court would get wise. The Court will hear arguments Oct 5 on what to do, but will likely shut it down unless new suits are filed on the new ban (likely).
So surprising from a guy who constantly berated Obama for ‘illegal’ Exec Orders
“Immediately terminate President Obama’s two illegal executive amnesties (Deferred Action for Parents of Americans and Lawful Permanent Residents and Deferred Action for Childhood Arrivals)…That is what it means to have laws and to have a country.”
Chad, Venezuela, what threat are they to our security?