Last week, the U.S. Supreme Court dismissed and remanded to the 4th Circuit Court of Appeals the legal challenge to President Trump’s March 6 executive order, i.e., the “Muslim travel ban.” The court gave instructions to dismiss the case as moot – that is, no longer a live controversy, because the part of the ban challenged expired during the pendency of the appeal. The justices did not act on Trump v. Hawaii, the challenge that it had agreed to review along with the Fourth Circuit case last June. The Hawaii case challenges a provision of the March 6 order that is still in effect, but will expire later this month (this means that the justices could also dismiss this case). Justices end 4th Circuit travel-ban challenge (SCOTUSblog).
The Trump administration issued a third iteration of its travel ban during the pendency of these appeals at the Supreme Court.
The third iteration of the Trump administration’s Muslim travel ban took strike three looking yesterday (it is baseball playoffs season) in the U.S. District Court for Hawaii, again. Federal judge blocks Trump’s third travel ban:
A federal judge on Tuesday largely blocked the Trump administration from implementing the latest version of the president’s controversial travel ban, setting up yet another legal showdown on the extent of the executive branch’s powers when it comes to setting immigration policy.
The decision from U.S. District Judge Derrick K. Watson in Hawaii is sure to be appealed, but for now, it means that the administration cannot restrict the entry of travelers from six of the eight countries that officials said were unable or unwilling to provide information that the United States wanted to vet the countries’ citizens.
The latest ban was set to go fully into effect in the early hours of Wednesday, barring various types of travelers from Syria, Libya, Iran, Yemen, Chad, Somalia, North Korea and Venezuela. Watson’s order stops it, at least temporarily, with respect to all the countries except North Korea and Venezuela.
In a 40-page decision granting the state of Hawaii’s request for a temporary restraining order nationwide, Watson wrote that the latest ban “suffers from precisely the same maladies as its predecessor.”
Watson also wrote that the executive order “plainly discriminates based on nationality” in a way that is opposed to federal law and “the founding principles of this Nation.”