Supreme Court dismisses a pending challenge to Trump's second travel ban

Supreme Court US supreme court Donald Trump Muslim countries Maryland Hawaii

"Following our established practice in such cases, the judgment is therefore vacated, and the case is remanded to the United States Court of Appeals for the Fourth Circuit with instructions to dismiss as moot the challenge".

The high court's move appeared to be an attempt by the justices to extricate themselves from pending litigation over the travel ban order that Trump issued in March, which was effectively superseded by a new directive the president signed on September 24.

The court's action suggests it also will dismiss the second case and step away from the controversy, at least for now.

Under its original schedule, the court would have heard the case Tuesday, but had delayed oral argument after Trump replaced his earlier order.

The Supreme Court Tuesday night dismissed one of the challenges to a now-expired version of President Trump's travel ban, and the legal battle over his latest efforts to ban some immigrants will need to start anew.

A hearing on the ACLU's case is scheduled before a Maryland federal judge on October 17.


U.S. District Judge Derrick Watson intends to rule after the U.S. government files a reply. 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 90-day ban on their relatives has now been converted into an indefinite ban with the potential to separate their families, and thousands of others', for years", an attorney for the International Refugee Assitance Project said.

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.

The president went even further, issuing an executive order that includes two non-Muslim countries - North Korea and Venezuela - among the seven that are subject to the new restrictions.

Unlike the other bans, it treats some countries and types of travelers, such as students or tourists, differently than others. Sudan, which was covered by the previous ban, was removed from the list.

Mr. Trump last month revised the six-country travel ban first issued in March.

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