"We intend to appeal the rulings soon," Spicer says; appeal will be coming in MD prelim injunct and clarification will be sought in HI TRO.
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They'll let the TRO sit in Hawaii. Still not a ~great~ option for DOJ, but avoids going back to the warm embrace of the 9th Cir immediately.
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NOTE: Even winning in IRAP at the 4th Cit wouldn't end the TRO in Hawaii. But, it could set up a circuit conflict, forcing SCOTUS's hand.
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That's why this is basically the best-case scenario for DOJ. Of course, if the 4th Circuit upholds the more narrow MD PI, they're stuck.
End of conversation
New conversation -
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And a possible circuit split?
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