I expect they'll make an application, yes. But hard to bill as an emergency when you've been flailing around in court since late January
Any sense if DOJ will seek emergency relief of 4th Circuit's order? After all, this has been packaged as imminent national security threathttps://twitter.com/joshgerstein/status/867861539193225216 …
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It would be hard to take that seriously after they failed to move for stay of 9th Cir. decision.
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They could have sought stay from SCOTUS or cert b4 judgment but chose not to. Doubt they can sell irreparable harm.
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So imminent, nothing has happened. Have any of these judges asked what they have been doing all this time to review the situation?
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Not sure but the fact that Manchester bomber recently returned from Libya and has continuing connections there could help with the argument.
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