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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@smmarotta DOJ brief (at page 8 - http://politi.co/2lapRoy ) cites this very case as sole authority on appealability of TRO
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
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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
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though if the trial court moves quickly enough on PI, case could be consolidated with TRO appeal, eliminating the jurisdiction out
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