The Supreme Court on Tuesday scrapped one of the legal challenges to President Trump’s travel ban, saying the new policy the White House announced late last month supersedes the older policy.
The justices ordered the 4th U.S. Circuit Court of Appeals to vacate its previous ruling that the ban was unconstitutional, and to dismiss the case, which was brought by the International Refugee Assistance Project.
The justices did not say what they will do with another challenge lodged by Hawaii, which came up through the 9th Circuit, and which covered a broader set of objections than the 4th Circuit case.
In a brief order, the court said the original executive order’s 90-day pause on admissions from six majority-Muslim countries had expired, so the 4th Circuit Case no longer presents a live controversy.
The court made clear it was not taking a position on the merits of the case.
While the 4th Circuit had only ruled Mr. Trump’s 90-day pause unconstitutional, the 9th Circuit had also ruled the president’s 120-halt on refugee admissions to be illegal. That 120-day period expires later this month, suggesting that at least for now it remains a live controversy.