Rick HasenVerified account

On page 5 of 9th Cir. brief,WA seeks to distinguish SEIU case on appealiabity of TRO http://cdn.ca9.uscourts.gov/datastore/general/2017/02/06/17-35105%20Washington%20Opposition.pdf …. Gives 9th way out if it wants

Also, and maybe more importantly, gives #SCOTUS a way to be unanimous and punt: TRO not appealable so no jurisdiction

This would put the issue off until same judge issues a preliminary injunction, which would then be subject to new appeal, and then to SCOTUS

though if the trial court moves quickly enough on PI, case could be consolidated with TRO appeal, eliminating the jurisdiction out

of course the TRO expires in 14 days under rule 65, right? Mooting appeal?

.@AdamCharnes @smmarotta that's only for TROs issued w/o notice. TROs with notice that last more than 14 days morph into preliminary injs

.@AdamCharnes @smmarotta there are counterarguments, though, that it expires after 14 days But hearing on preliminary injunction coming Mon?

.@AdamCharnes @smmarotta Trial ct may issue something soon with reasoning on TRO. Or ruling on preliminary injunction after Monday hearing

Then we might see a second emergency appeal to 9th, which could get consolidated. After all the procedural wrangling...

we could get a response, more info, and a 9th Circuit order later in the week. Then again, maybe they won't rush it. In the meantime...

we could get more court orders; some may conflict or also issue nationwide injunctions. It is hard to see how this doesn't end at #SCOTUS

and it is conceivable that SCOTUS divides 4-4, leaving whatever 9th circuit does in place (at least till J. Gorsuch joins court in April?)