Summary
President Trump issued an executive order providing for a 90-day ban on travel from six specified countries by persons without a prior connection with the United States. The Court of Appeals for the Fourth Circuit upheld an injunction against this provision. Based on campaign statements and other external materials, the Court said it was actually a “Muslim ban” even though 90% of the world’s Muslims are unaffected by it. The 90 days will be up by the time the Supreme Court hears argument in the case. Therefore, it will not be a “case” that the courts have power to decide. CJLF filed a brief arguing that the case will become moot upon expiration of the 90 days. Under long-established precedent, the case should be dismissed, eliminating the Fourth Circuit’s decision as precedent. The Supreme Court agreed.
