Among its other interesting end-of-term work Monday, the Supreme Court issued a per curiam cert. grant/stay in Trump v. IRAP, the travel ban case. As Steve Sachs discusses at Prawfsblawg, the court stayed the injunctions in part but left them in place “with respect to parties similarly situated” to the plaintiffs. The court also ordered “a briefing schedule that will permit the cases to be heard during the first session of October Term 2017,” noting that “(The Government has not requested that we expedite consideration of the merits to a greater extent.).”

Now here is where I get a little puzzled.

Constant readers will recall a disagreement that Marty Lederman and I had about whether the challenges to the executive order were going to become moot on June 14. On June 14, the president issued a memorandum clarifying (or amending, if necessary) “the effective date of each enjoined provision to be the date and time at which the referenced injunctions are lifted or stayed with respect to that provision.” This was supposed to stop the mootness problem, and the court Monday also ordered the parties to brief “Whether the challenges to Section 2(c) became moot on June 14, 2017.”

Read more at The Volokh Conspiracy