Written by Don Byrd
Following up on a case I have been watching here, the U.S. Supreme Court has dismissed the case challenging the Trump Administration’s revised travel ban. Because the provisions of President Trump’s Executive Order were temporary and have now expired, the Court determined the dispute over its constitutionality was no longer a “live case.”
The 4th Circuit had previously determined that the ban amounted to religious discrimination in violation of the Establishment Clause by targeting those from predominantly Muslim countries. An appeal of that ruling was scheduled for review this week, but this dismissal ends that specific controversy. The BJC joined an amicus brief in the Supreme Court case offered by an interfaith coalition of individuals and organizations explaining how the ban violated the Establishment Clause.
In September, a new policy was announced, and litigation is already underway challenging its lawfulness. The BJC’s Amanda Tyler responded to the new policy with this statement:
The particular details of this new proclamation will determine whether the Court hears and decides the case currently before it. Regardless of that legal outcome, the BJC will continue to denounce any government action that uses a person’s faith as a reason for exclusion or any policy rooted in anti-Muslim animus.
You can read the Washington Post’s coverage of the dismissal here. A NYTimes story is here.