US Supreme Court tosses out case against expired Trump travel ban

Court dropped one of its two cases over the legality of President Trump's now-expired travel ban, effectively avoiding ruling on difficult legal issues for now.

The Supreme Court once again avoids ruling on the controversial issue of President Donald Trump's  travel ban.
AP

The Supreme Court once again avoids ruling on the controversial issue of President Donald Trump's travel ban.

The United States Supreme Court on Tuesday dismissed one of two cases over President Donald Trump's travel ban on visitors from mostly Muslim countries, suggesting it will step away from the controversy for now.

The court got rid of a case that originated in Maryland and involving the former, now expired version of the ban. The American Civil Liberties Union (ACLU) and other groups had previously sued over these earlier versions of the ban. 

Last month, the ACLU announced it would challenge the latest ban and was seeking a preliminary injunction suspending the visa and entry restrictions. A hearing was scheduled on the similar cases for Monday.

But the justices took no action on a separate case from Hawaii. That dispute concerns both the travel ban and a separate ban on refugees, which does not expire until October 24.

Dismissing the cases would allow the court to avoid ruling on difficult legal issues, at least for a while.

The justices had combined the two cases and set them for argument that was to have taken place Tuesday. But after the travel ban expired last month and a new policy was rolled out, the court canceled the argument and began to weigh whether it should decide the legality of the policy after all.

Hawaii is latest to challenge the ban

Lawyers representing Hawaii asked the judge Tuesday to stop the Trump administration from enforcing the latest version of its travel ban.

The updated ban – set to take effect next week – is a continuation of President  Trump's "promise to exclude Muslims from the United States," Hawaii said in court documents filed Tuesday in federal court.

Hawaii is seeking a nationwide order against the third and latest version of the travel ban, supposed to take full effect October 18. 

Five of the six countries included in the travel ban the Supreme Court was supposed to review remain in the latest version. Although Sudan was removed from the list of affected countries, Chad, North Korea and several officials from the government of Venezuela were added.

The addition of non-Muslim countries is "almost entirely symbolic," the court documents state, noting that North Korea is already subject to extensive restrictions.

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