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Aloha, Hawaii Travel Ban / Refugee Case

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On October 10, I noted the U.S. Supreme Court's order declaring the 90-day travel ban case moot, vacating the Fourth Circuit's decision, and remanding the case with directions to dismiss it.  At the time I made this prediction:

The companion Hawaii case from the Ninth Circuit addresses two other provisions in addition to the 90-day ban.  A provision limiting the number of refugees in the fiscal year just ended became moot on October 1.  A 120-day provision will become moot 120 days from the day the Supreme Court partially lifted the stay on it, which will be later this month.  I expect a similar disposition of that case at that time.
That was not one of my bolder predictions.  It was more like shooting fish in a barrel.  Today, sure enough, the Court issued this order:
We granted certiorari in this case to resolve a challenge to the temporary suspension of entry of aliens and refugees under Section 2(c) and Section 6 of Executive Order No. 13,780. Because those provisions of the Order have "expired by [their] own terms," the appeal no longer presents a "live case or controversy." Burke v. Barnes, 479 U. S. 361, 363 (1987). Following our established practice in such cases, the judgment is therefore vacated, and the case is remanded to the United States Court of Appeals for the Ninth Circuit with instructions to dismiss as moot the challenge to Executive Order No. 13,780. United States v. Munsingwear, Inc., 340 U. S. 36, 39 (1950). We express no view on the merits.

Note that the directions to dismiss on both October 10 and today apply only to challenges to the specific executive order.  The high court has taken no position on challenges to successor orders.  Stay tuned.

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