President Donald Trump today extended the expiration date of his immigration veto with the aim that his early expiration is not a reason for the Supreme Court to refuse to consider the matter.
The president approved the changes in a memorandum, as the high court is assessing whether to admit the case to consideration, but by almost 90 days since Trump signed the order, litigation could have been rejected for review of the nine judges .
Trump directed federal agencies to enforce a 90-day ban on travelers from six Muslim-majority nations, and one from 120 to refugees, a revised order that was blocked by the Ninth Circuit Court of Appeals this same week.
Under the revised ban -Trump had already issued another in January that was also dropped in court-policies were set to take effect March 16, so they would expire this week.
But proponents of the ban also known as the Executive Order 13769 said that because the courts put her on hold, the clock never began.
The Supreme Court will begin evaluating cases later this month, and this is one of the most controversial potentials.
In briefs filed Monday in the Supreme Court, lawyers challenging the revised executive order urged the court not to hear the Trump administration’s appeal of the Fourth Circuit’s decision or to stay the injunctions entered in the two cases.
They said the cases might be moot as soon as Wednesday, as the 90-day suspension of entry contemplated by the revised executive order was, counting from its effective date, set to expire then.
The administration has argued that Judge Watson’s ruling stopped the 90-day clock. It asked the justices to agree to hear an appeal of the Fourth Circuit decision before they leave for their summer break and to schedule arguments in the fall.
By lifting the part of Judge Watson’s injunction that barred review of internal vetting procedures in the meantime, the Ninth Circuit may have ensured that the case will be moot by the time it is argued, no matter how the 90 days are calculated.