Thursday, March 28, 2024
Hawai'i Free Press

Current Articles | Archives

Wednesday, October 11, 2017
SCOTUS Backs Trump, Dismisses Travel Ban Challenge
By Selected News Articles @ 3:03 PM :: 5531 Views :: National News, Law Enforcement

SCOTUS Backs Trump, Dismisses Travel Ban Challenge

by Kevin Daley, Daily Caller, 10/10/2017

The U.S. Supreme Court dismissed a legal challenge to President Donald Trump’s travel ban late Tuesday, concluding that the ban’s expiration in September effectively ended the controversy.

The development is a partial victory for the administration, which urged the high court to dismiss the case after the ban expired Sept. 24. Per the terms of the order, a ban on migrant entry from six countries with high instances of terror was applied for a 90-day period.

In an order issued just after 7:30 p.m., the justices remanded the case to the 4th U.S. Circuit Court of Appeals, the Richmond-based appeals court which upheld an injunction staying the ban’s enforcement. The justices ordered the court to dismiss the case as moot, and directed the 4th Circuit to vacate — or wipe out — its ruling finding the order unlawful.

A legal rule called the Munsingwear doctrine requires the vacatur of all lower court rulings in a case that is mooted while awaiting Supreme Court review, with several exceptions. Justice Sonia Sotomayor dissented from the Court’s vacatur order, but agreed that the challenge should be dismissed.

The 4th Circuit’s decision said that the ban “drips with religious intolerance, animus, and discrimination.”

The justices removed the case from their calendar in late September, after scheduling it for oral arguments Oct. 10 during the summer.

The justices did not dismiss a second travel ban challenge brought by Hawaii. Where the case arising from the 4th Circuit concerned only the 90-day travel ban, the Hawaii case also challenges the 120-day ban on refugee resettlement, which will not expire until later this year. Tuesday’s order strongly suggests that the justices will dismiss the Hawaii case once the refugee resettlement provision terminates.

In each case, the challengers argue Trump’s order exceeds his authority under federal immigration law. They further say the order is unconstitutional, claiming in targets Muslims for disparate treatment.

The travel ban was replaced by another proclamation is late September, assessing travel sanctions against eight countries that fail to comply with U.S. security standards. Legal challenges to the September proclamation could reach the high court in the coming months.

---30---

LFB: A Nonchalant Conclusion to Trump v. IRAP

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

808 Silent Majority

Aloha Pregnancy Care Center

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Ballotpedia Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii

FIRE

Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Habele.org

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii ConCon Info

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federalist Society

Hawaii Federation of Republican Women

Hawaii History Blog

Hawaii Homeschool Association

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Matters

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Smokers Alliance

Hawaii State Data Lab

Hawaii Together

HIEC.Coop

HiFiCo

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Moms for Liberty

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

Investigative Project on Terrorism

July 4 in Hawaii

Kakaako Cares

Keep Hawaii's Heroes

Land and Power in Hawaii

Legislative Committee Analysis Tool

Lessons in Firearm Education

Lingle Years

Managed Care Matters -- Hawaii

Malama Pregnancy Center of Maui

MentalIllnessPolicy.org

Military Home Educators' Network Oahu

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

Natatorium.org

National Christian Foundation Hawaii

National Parents Org Hawaii

NFIB Hawaii News

No GMO Means No Aloha

Not Dead Yet, Hawaii

NRA-ILA Hawaii

Oahu Alternative Transport

Obookiah

OHA Lies

Opt Out Today

OurFutureHawaii.com

Patients Rights Council Hawaii

PEACE Hawaii

People vs Machine

Practical Policy Institute of Hawaii

Pritchett Cartoons

Pro-GMO Hawaii

P.U.E.O.

RailRipoff.com

Rental by Owner Awareness Assn

ReRoute the Rail

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

Robotics Organizing Committee

School Choice in Hawaii

SenatorFong.com

Sink the Jones Act

Statehood for Guam

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

UCC Truths

US Tax Foundation Hawaii Info

VAREP Honolulu

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii

Yes2TMT