Monday, September 25, 2017
"Because of the new ban’s terms, the Supreme Court will most likely find that the pending challenges to the revised [Executive Order (EO)] are moot. The Court has just canceled its scheduled October 10 argument on EO 13780 pending briefing on the new ban’s relevance to the case. Challenges to the new ban should emerge almost immediately. If the experience with the prior EOs is illustrative, the administration may find itself back before the Supreme Court in the spring of 2018. At that time, perhaps the Court will weigh in on the merits and protect the INA’s structure from further incursions."