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Chris Geidner @chrisgeidner
, 5 tweets, 2 min read Read on Twitter
JUST IN: In the wake of last night's ruling by Judge Tigar extending his TRO against the asylum ban into a preliminary injunction, DOJ asks #SCOTUS to treat their prior and still-pending stay request, which was regarding the TRO, as being about the new preliminary injunction.
Here's @Haleaziz on last night's ruling —> buzzfeednews.com/article/hameda…
What that means is that DOJ had been asking the Supreme Court to allow it to enforce the ban — see my story here: buzzfeednews.com/article/chrisg… — and now, in light of this new ruling, DOJ is asking the justices to let them keep their request pending based on the new ruling.
If not, DOJ would have to start the stay request process over: first asking the trial court to stay its preliminary injunction, then if denied asking the 9th Circuit, then if denied there coming back to the Supreme Court.
The 9th Circuit had already considered the TRO as being akin to a preliminary injunction in its handling of the stay request, so this isn't a very surprising position for the SG to take. (If SCOTUS wants to slow things down, though, they could just make DOJ start over.)
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