I had thought I read DOJ was going to move to stay the TRO, which would be an appealable interlocutory order. https://twitter.com/BobLoeb/status/828029360527536128 …
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@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...
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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...
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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?)
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they'll probably put it over for reargument no?
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.@avermeule emergency stay request unlikely. But new ruling on merits would likely return to
#SCOTUS by time J Gorsuch confirmed
End of conversation
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