DOJ argues travel ban case before Supreme Court is now moot

DOJ argues travel ban case before Supreme Court is now moot
© Greg Nash

The Department of Justice (DOJ) is urging the Supreme Court to throw out the lower court rulings that blocked President Trump’s 90-day travel ban and rule that the case is now moot.

The Supreme Court canceled oral arguments that were planned for Oct. 10 in two cases challenging the president’s temporary ban on travelers from six majority-Muslim countries late last month after Trump issued new targeted travel restrictions on eight countries.

The court ordered the parties in the case to submit briefs by noon on Oct. 5 arguing whether the cases are now moot.

In it’s 10-page brief, the DOJ said Trump’s Sept. 24 order restricting travel by people from Chad, North Korea, Venezuela, Iran, Libya, Syria, Yemen and Somalia confirms the challenges to the previous ban are now moot because the court has held “that a case is moot when a challenged government regulation is replaced by one that is not substantially similar.”

Newly minted Solicitor General Noel Francisco argued the new order bolsters the administration’s appeals of the 9th Circuit ruling, which claimed the ban lacked “sufficient finding” of a national security risk, and the 4th Circuit ruling that it was “motivated” by a “desire to exclude Muslims from the United States.

The new order, he argued, is significantly different and “based on detailed findings regarding the national-security interests of the United States…

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