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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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
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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
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Which is why nationwide injunctions as to non-parties has been repeatedly rejected as inappropriate by Supremes, etc.
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Thought about that. Wondered if Gorsuch might be confirmed in time to hear it. If it went sooner, might get interesting.
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