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Monday, September 25, 2017

Supreme Court Cancels Hearing on Previous Trump Travel Ban

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The Supreme Court canceled a hearing set for Oct. 10 and asked lawyers in the travel ban case to submit briefs by Oct. 5 discussing the effect of President Trump’s new proclamation. Credit Jared Soares for The New York Times

WASHINGTON — The Supreme Court on Monday canceled arguments on President Trump’s travel ban that had been scheduled for Oct. 10.

The court asked lawyers in the case to submit briefs by Oct. 5 discussing the effect of Mr. Trump’s new proclamation, issued Sunday, replacing his revised travel ban, which had been issued in March.

The new order indefinitely bans almost all travel to the United States from seven countries, including most of the nations covered by his original travel ban, citing threats to national security posed by letting their citizens into the country.

The justices asked the parties to address “whether, or to what extent, the proclamation” may render the case moot. The court also asked for briefings on a question not addressed in the proclamation, concerning the earlier ban’s suspension of the nation’s refugee program. That suspension is scheduled to expire next month. On that question, too, the court asked the parties to explain whether the issue would soon be moot.

By canceling the arguments for now, the court signaled that it may never decide the case. “The cases are removed from the oral argument calendar, pending further order of the court,” the court said.

If the court does eventually dismiss the case as moot, a further legal question will remain. The Trump administration will ask the court to vacate the appeals court decisions striking down the earlier ban, while the challengers will ask that the decisions remain on the books.

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