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Replacing the Travel Ban

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Laura Meckler reports for the WSJ:

The Trump administration is preparing to replace its controversial travel ban--which sought to bar almost all travel to the U.S. from six countries--with more targeted restrictions affecting a slightly larger number of countries, people familiar with the process said.

Rather than ban travel altogether from the nations on the new list, the new order is set to create restrictions that vary by country, based on cooperation with U.S. mandates, the threat posed by each country and other factors, these people said.

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The new rules are scheduled to be announced by Sunday, when the existing, 90-day travel ban expires. The ban now applies to people from Iran, Libya, Somalia, Sudan, Syria and Yemen.

Doesn't the expiration of the 90-ban make the challenge presently before the Supreme Court moot?  Yes, IMHO, and that is what CJLF's amicus brief supporting neither party says.

What happens to the case?  Our brief says that under the Munsingwear rule the Court should vacate the lower court opinion and remand with directions to dismiss.  That would wipe out the lower court opinion as precedent.  Where does the rule's name come from?  In World War II, there were price controls on nearly everything, including underwear.  A dispute over them became moot when the war ended and the controls were repealed.

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