Trump Administration Asks Supreme Court To Dump Travel Ban Cases
After asking the Supreme Court to step in to rescue President Donald Trump’s travel ban executive order, the Justice Department is now asking the justices to drop the issue as moot.
Solicitor General Noel Francisco told the justices Thursday that the expiration of key provisions in Trump’s order and his recent retooling of the policy mean there is no need for a Supreme Court showdown over what critics have called the president’s “Muslim ban.”
“The United States submits that both of these appeals are now or soon will be moot,” Francisco wrote in a letter to the high court.
Trump’s ban on issuance of visas to citizens of six majority-Muslim countries expired last week and was replaced by a new policy putting varied limits on nationals from eight countries.
A halt on admission of refugees remains in place, subject to court-ordered exceptions, but is set to run out Oct. 24.
The Supreme Court scrubbed highly-anticipated oral arguments that had been scheduled for next Tuesday, leading some experts to speculate that the justices hope to avoid grappling with some of the central issues in the case — including whether Trump’s polarizing campaign-trail language about Muslims can be used to invalidate his policies as president.
However, the justices still have to decide whether to vacate or leave in place two appeals court rulings that found Trump’s previous policy appeared to be illegal.
