Whenever you have time, I have a question: These temporary pauses can’t be a lasting solution since they are temporary. It seems to be there needs to be one or two major cases that decide for good whether the administration is abusing executive power & violating the constitution with these orders.
The Rule 65 process is that courts can issue Temporary Restraining Orders quickly, and then Preliminary Injunctions (PIs) for much longer, and maybe permanent injunctions.
TROs can only last 14 days but can be extended another 14 days.
Right now we're seeing PI briefing/argument happen.
However, TROs usually cannot be appealed. PIs can be, as can final decisions of the court. So we can expect to see a lot of action in the appellate courts as many of these TROs expire and are being replaced with PIs. (And some TROs will expire and *not* be replaced. We've seen that with some cases)
But PIs (preliminary) are not permanent, correct, so we will see it coming back (to be argued) at some point? Also, I guess this means that some form of these cases resting on the principle of executive abuse will get to SCOTUS?
PIs are not permanent, but they can last for months or even years. So yes, when the record is deemed sufficiently developed there'll be argument. The appeals of PIs go up to the Courts of Appeals and it's a virtual certainty that the Trump administration will take some of these to the Supreme Court.
Comments
TROs can only last 14 days but can be extended another 14 days.
Right now we're seeing PI briefing/argument happen.