Ninth Circuit denies stay

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Yesterday the Department of Justice has filed an emergency motion for an immediate stay and a motion for stay pending appeal of Judge Robart’s order restraining the Trump administration from enforcing its executive order calling a brief timeout on the admission of refugees from seven designated countries (a/k/a “travel ban”). The motion has been posted online here. The motion characterizes Judge Robart’s order as an injunction (which is appealable) rather than as a temporary restringing order (which is not). The notice of appeal itself straddles the issue, stating that Judge Robart’s order “restrain[s] and enjoin[s] enforcement” of the executive order.

Overnight an administrative panel of two Ninth Circuit judges denied the motion for an immediate stay. BuzzFeed has posted the Ninth Circuit order denying the motion along with its story. The Ninth Circuit ordered the completion of briefing by 3:00 p.m. Monday. The Ninth Circuit obviously contemplates addressing the issues raised by the motion for a stay after the completion of briefing on Monday.

Mark Landler’s long New York Times story reviews yesterday’s events with great excitement. His story is worth reading for the painful details. I will only add the observation that in the timeout from the timeout created by Judge Robart’s order mischief is afoot.