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. (Read more from “SCOTUS Backs Trump, Dismisses Travel Ban Challenge” HERE)