The next hearing in the Mass. case is 11a Friday, on whether to extend the 7-day TRO. Gov't response due by noon Thursday (tomorrow).pic.twitter.com/lIJ0QpseeW
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SO, moving on to the cases WITHOUT a nationwide order ...
First up is the case everyone's been asking me about, Aziz v. Trump, the Dulles case.
Yes, Virginia filed a motion to intervene: https://assets.documentcloud.org/documents/3441312/2017-01-31-Commonwealths-Brief-ISO-Motion-to.pdf … / A hearing was set today for 10a Friday on this motion.
Yes, Virginia tonight followed that up with a motion to show cause why the feds shouldn't be held in contempt: https://assets.documentcloud.org/documents/3441313/2017-02-01-Virginia-s-Motion-for-a-Rule-to-Show.pdf …
Breaking: Plaintiffs AND Defendants in Aziz v. Trump have since filed a Joint Request to Hold Claims in Abeyance: https://assets.documentcloud.org/documents/3441311/Aziz-Joint-Motion-Abeyance.pdf …pic.twitter.com/y3pb1aP8QD
In other words, the gov't got the plaintiffs in this case to agree to work out settling the claims ... likely hoping to avoid VA's entrance.
No update in the CAIR case, Sarsour v. Walid, also filed in ED Va.
FINALLY, in Vayeghan v. Kelly, the CA return order case, the new judge on the case issued an order today changing around the timeline.pic.twitter.com/TxShvjPtUG
~Trying~ to read into the order, it appears he's hoping they resolve the case — i.e., return Vayeghan to the US — before needing to do more.
THREE MORE: In Ali v. Trump (WDWA) and UNITE Oregon v. Trump (D Ore.), there are no updates.
REALLY FINALLY, in State of Washington v. Trump, the TRO hearing is set for 2:30p Friday before Judge James Robart.
WA v. Trump Amended Complaint: https://assets.documentcloud.org/documents/3441355/WA-Ameded-Complaint.pdf … / Amended TRO Motion: https://assets.documentcloud.org/documents/3441354/WA-Ameded-Motion-for-TRO.pdf … / Proposed TRO: https://assets.documentcloud.org/documents/3441353/WA-Proposed-TRO.pdf …
Since I've been doing these updates, @joshgerstein has a good update on the named plaintiffs in the new CA case:https://twitter.com/joshgerstein/status/827005517973319681 …
Timesheet: 9:55p - 11:55p: EO Litigation Updates
That seems like an aggressive reading. Visas are only invalidated by virtue of the EO itself!
I don't think so. This is the only national order in the CD Cal. TRO:pic.twitter.com/i5DoQHmTPc
I think, ultimately, if the EO is struck down, then, yes, the State action would be invalid, but there was no finding of unconst ...
... of the exec order itself in the CA TRO, just an order not to do remove, detain, or block entry — to those w valid immig visas.
Right, TRO doesn't nullify EO. But I think gov't would be hard-pressed to take position that TRO applies to no one. We'll see!
I'm saying, there's no one with a valid visa from those 7 countries, per State, so no one who could come here now.
Of course it's stupid & would lose assuming the underlying skepticism of the EO itself remains, but, practically, rn, the TRO has...
... no clear immediate effects beyond the plaintiffs.
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