Laycock casebook mentions appealability of motion to dissolve TRO. I'll have to dig for cases on appealability of denial of stay of TROhttps://twitter.com/smmarotta/status/828042445774585857 …
OK @smmarotta and #AppellateTwitter, here's what Laycock emailed me about the issue of appealing refusal to vacate TRO:pic.twitter.com/GAbvKqQXdN
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Laycock also points out that the 9th Circuit case I cited earlier is pretty distinguishable in terms of how lower court treated case. But...
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he agrees 9th can certainly treat TRO as appealable if it wants to.
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Will find a way if they want to reach merits. Goes to emerg motions panel.
End of conversation
New conversation -
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will the TRO still be in effect when the 9th gets to the DOJ appeal?Won't it be dissolved or replaced w/ temp inj -> Appeal moot?
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