WASHINGTON (CN) – The Supreme Court ordered the dismissal of a now-moot challenge to the second version of the executive order that forbid the nationals of six Muslim-majority countries from entering the United States.
Emphasizing that they “express no view on the merits,” the court posted its order on Oct. 10, the same day it had been set to hear oral arguments in the much anticipated case.
“We granted certiorari in this case to resolve a challenge to ‘the temporary suspension of entry of aliens abroad under Section 2(c) of Executive Order No. 13,780,’” the Oct. 10 order states. “Because that provision of the order ‘expired by its own terms’ on September 24, 2017, the appeal no longer presents a ‘live case or controversy.’ Following our established practice in such cases, the judgment is therefore vacated, and the case is remanded to the United States Court of Appeals for the Fourth Circuit with instructions to dismiss as moot the challenge to Executive Order No. 13,780.”
The court took the case off the calendar on Sept. 25 after President Donald Trump released the latest update to his Muslim ban. Challenges against Version 3 are pending in courts across the country.
Justice Sonia Sotomayor dissented from Tuesday’s order, saying she would dismiss the writ of certiorari as improvidently granted.