SCOTUS SEEKS NEW TRAVEL BAN BRIEFS

Trump adds North Korea to third version

WASHINGTON — The U.S. Supreme Court removed the controversial challenge to President Trump’s travel ban from the oral argument schedule yesterday, directing lawyers on both sides to submit new briefs addressing whether the court should hear the case at all.

Yesterday Trump announced a third version of the ban, which indefinitely bars entry to nationals of six majority-Muslim countries as well as North Korean nationals and some Venezuelan public officials and their families.

That order replaces a previous temporary ban that had spurred a challenge by several states and other parties who claimed the order was a veiled version of a ban on Muslims that Trump promised on the campaign trail. The new order is set to go into effect Oct. 18.

The court issued an order yesterday directing the parties to file additional 10-page briefs by Thursday “addressing whether, or to what extent, the Proclamation issued on September 24, 2017, may render (the case) moot.”

The court also told the parties to address whether the expiration of parts of the previous order also impacts the ability of the court to rule.

The case — which was one of most anticipated on the court’s already potentially blockbuster docket for the upcoming term which begins Monday — had been scheduled for argument Oct. 10. If it is heard, it would address whether the travel ban falls within the president’s broad authority to implement immigration policy, or if it is a legally and constitutionally impermissible restriction on the basis of religion by targeting Muslims.

Justices could take one of several options after the parties submit their briefs: They could deem the case moot and remand the case immediately; reschedule oral arguments, hear the case and rule on the mootness issue later in the term; or agree to hear the full merits of the case and order additional briefing on the new order.

The new ban was drafted after a Department of Homeland Security review of security vetting procedures. But challengers of the ban dismissed the new version, saying it still mainly focuses on Muslim entrants.

“Adding North Korea is simply a red herring — the U.S. issued a total of just 109 visas to North Koreans last year,” said Faiza Patel of the Brennan Center for Justice, which filed amicus briefs in the case.