Thursday, February 9, 2017

Washington v. Trump

Order denying a stay pending appeal. For our purposes, the things to notice are the standing analysis (Part III) and whether the district court's order was a Temporary Restraining Order, which is not immediately appealable, or a Preliminary Injunction, which is (Part II). We will get to some of this in Civil Rights Procedure and Remedies, later in the semester.

Pay attention to how the case proceeds from here. It looks like the case is now in the court of appeals, even though the district court never had a chance to hold an evidentiary hearing. So the court of appeals (and perhaps then SCOTUS) may decide this case on the record as it exists right now, which is unusual for major constitutional questions.