As predicted, the United States has filed a cert petition and stay application in Trump v. IRAP, the Fourth Circuit litigation about the validity of his administration’s six-country travel ban. On the schedule that the United States proposes, the case would be briefed over the summer and argued this fall at the Supreme Court.
But commentators such as Marty Lederman and Mark Tushnet have suggested that the case either will soon be moot, or could be made moot without the entry ban ever going into effect. That might be right, but I’m not so sure, and because I found it tricky I thought I’d think through the possibilities here.
Read more at The Volokh Conspiracy