The U.S. Supreme Court dismissed the second and final challenge to President Donald Trump’s executive order on refugees and migrants Tuesday, concluding that the expiration of a 120-day ban on refugee resettlement ended the controversy.
The dismissal ends a protracted round of litigating around the president’s order that was replaced in late September by a new round of travel sanctions against eight countries. Those sanctions have been challenging in separate litigation which is still ongoing.
The justices dismissed the first travel ban case Oct. 10. That case arose in Maryland and concerned the order’s 90-day ban on the entry of migrants from six countries with high instances of terrorism. The justices concluded that the ban’s expiration effectively “mooted” the case. Federal courts are only empowered to hear ongoing controversies where their action can affect an outcome. When the controversy concludes and renders further court action irrelevant, the case is considered moot and is thereafter dismissed.
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