Yesterday, the Supreme Court sent one of the two travel ban cases (Trump v. IRAP) back to the 4th Circuit with instructions to dismiss the case as moot because the relevant provisions of the ban in question expired on September 24.
The Supreme Court’s action was not related to the merits of the case. The Court made no mention of the other travel ban case, Trump v. Hawaii, but SCOTUSblog predicts that a similar order could issue after October 24, when another provision of the Executive Order on which that case is based (the 120-day suspension of the refugee program) is due to expire.
The Supreme Court’s order vacates the 4th Circuit decision, essentially wiping it from the record and eliminating any precedential value. Justice Sonia Sotomayor dissented from the order. She would have also dismissed the case, but in a way that would have preserved the lower court decision.
The Hawaii and IRAP plaintiffs have already sought to amend their original complaints in their respective district courts to address President Trump’s September 24th Proclamation. We will watch those dockets closely and update you all as the proceedings evolve.
See http://www.scotusblog.com/ 2017/10/wednesday-round-up- 393/ for a more in-depth look at the development. The post also has links to media coverage.