New Trump Administration Brief Indicates Travel Ban Will Be Rescinded and Replaced by New Executive Order

The Trump Administration filed a supplemental brief with the Ninth Circuit Court of Appeals today that states: “…the President intends in the near future to rescind the [January 27, 2017 executive order that created the travel ban], and replace it with a new, substantially revised executive order.” The brief argues that the Court was wrong to put a halt to the existing travel ban, but indicates that the new executive order will be drafted in a manner that “…eliminate[s] what the [Ninth Circuit Court] erroneously thought were constitutional concerns.”

In essence, this brief is notifying the Court that the Administration will soon be rescinding the travel ban order, so there is no need to continue litigating this matter. It remains to be seen what will be included in the upcoming executive order.


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