AIUI, the ban is for 90 days, giving them time to institute “extreme vetting” or figure out “what is going on”. Since the original ban was blocked, I assume the clock did not start ticking. When exactly, does this 90 days start? Logically, it seems that they could have started doing whatever they were going to do on day one but if that were true, the ban would already have expired. Now that the block is partially lifted, does the clock start ticking now? Does that mean the time will have expired by the time the Supreme Court actually hears the case in October and therefore any decision they make will be moot? Or does the clock not start until they make a final decision?. Not trying to start an argument on what the administration could have done or not done so far, just want to know the facts of when this 90 days starts.
Actually, there is some dispute about this. One of the specific points that the Supreme Court asked the parties to brief for the fall is whether or not the issues raised by the Government in its petitions (and, by extension, by the plaintiffs in their original cases) are moot as of June 16, 2017, 90 days from the issuance of the executive order. It’s not clear exactly what position the Government will take on the issue of mootness.
Plus, the court did rather pointedly say that "“we fully expect that the relief we grant today will permit the Executive to conclude its internal work and provide adequate notice to foreign governments within the 90-day life of §2©.” So the clock is definitely running now, and the court is hinting that it will not look with a kindly eye on suggestions that it needs to be extended.