Third on a Match: New Travel Ban Raises The Stakes For Challengers


downloadBelow is my column in The Hill Newspaper on the termination of the second travel ban and issuance of the new order by the Trump Administration.  As discussed in the column, the Supreme Court went ahead and removed the immigration cases from the schedule for oral argument while agreeing with the Administration to order briefings on whether the cases are now moot.  It is hard to see how the cases are not moot in whole or substantial part. The Court tends to take off ramps to avoid constitutional decisions, particularly in the area of the separation of powers.  It will hard not to take this obvious off ramp.

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