.@smmarotta DOJ brief (at page 8 - http://politi.co/2lapRoy ) cites this very case as sole authority on appealability of TRO
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Replying to @rickhasen @smmarotta
of course the TRO expires in 14 days under rule 65, right? Mooting appeal?
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Replying to @AdamCharnes
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@AdamCharnes@smmarotta that's only for TROs issued w/o notice. TROs with notice that last more than 14 days morph into preliminary injs2 replies 1 retweet 5 likes -
Replying to @rickhasen
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@AdamCharnes@smmarotta there are counterarguments, though, that it expires after 14 days But hearing on preliminary injunction coming Mon?1 reply 1 retweet 3 likes -
Replying to @rickhasen
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@AdamCharnes@smmarotta Trial ct may issue something soon with reasoning on TRO. Or ruling on preliminary injunction after Monday hearing1 reply 2 retweets 3 likes -
Replying to @rickhasen
Then we might see a second emergency appeal to 9th, which could get consolidated. After all the procedural wrangling...
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Replying to @rickhasen
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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Replying to @rickhasen
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
#SCOTUS3 replies 3 retweets 9 likes -
Replying to @rickhasen
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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.@avermeule emergency stay request unlikely. But new ruling on merits would likely return to #SCOTUS by time J Gorsuch confirmed
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