Do you know cases for denial of a stay of a TRO is appealable? I didn't know this principle.
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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
New conversation -
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And then... imagine Trump demands Senate confirm Gorsuch *specifically to add 5th vote* to reverse. Puts Gorsuch in tough spot.
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Gorsuch says, "I can't comment on pending case," Dem Sens say, "POTUS told us how you'd vote. How does he know, but we can't?"
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Now imagine Gorsuch refuses to answer, gets confirmed, & immediately casts 5th vote to uphold, exactly as Trump promised...
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... that's far beyond Bush v Gore-level politicization of SCOTUS. (And Gorsuch may not be a willing accomplice.)
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Or Gorsuch--in this case or others--does rare con version of "liberal media" overcompensating and votes against st Trump.
End of conversation
New conversation -
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Test here for Court is whether the politics of Trump as president change is jurisprudence about executive power.
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So you think he'll make it in?
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