What’s going on with the “Muslim Ban” lawsuit? Analysis and discussion of “State of WA v. Trump”

The full text of the Executive Order being referred to as “The Muslim Ban”

https://www.whitehouse.gov/the-press-office/2017/01/27/executive-order-protecting-nation-foreign-terrorist-entry-united-states

Link to all pleadings/Orders filed to date in the 9th Circuit:

https://www.ca9.uscourts.gov/content/view.php?pk_id=0000000860

blog/website with a pretty solid discussion and citations with links to sources:

https://www.justsecurity.org/37315/getting-handle-litigation-challenging-seven-nation-travel-ban/

Timeline:

Jan. 27, 2017 – Trump signs the Executive Order

Jan. 30, 2017 – State of WA, joined by State of MN seek a TRO from the Western District of WA to halt implementation of portions of the Executive Order arguing that they are unconstitutional

Feb. 3, 2017 – Judge Robarts of the WD WA grants the TRO

Feb. 3, 2017 – Judge Gorton in a MA federal court reaches an opposite conclusion, denying a TRO.

(*Note – when two federal courts reach a different decision on a factually similar issue, this sets the stage for Supreme Court to decide the dispute.)

Feb. 4, 2017 – Fed. Gov’t (Trump) seeks an “emergency stay” of the Order that granted the TRO, pending appeal to the 9th circuit.  (This is essentially the difference between a devolutive and suspensive appeal…)

Feb. 4, 2017 – Judge denies the “immediate emergency stay” requested by the Fed Gov’t.  instead sets a scheduling order and oral argument to “fully consider” the Fed. Gov’ts  request for emergency stay.

Feb. 4, 2017 – Fed. Gov’t files Notice of Appeal to the 9th Circuit; appealing the decision of the district court that granted the TRO.

(*Note:  Did plaintiffs appeal the MA order?)

Feb. 7, 2017 – Oral argument will be had at the 9th Circuit court of appeals to decide whether the Gov’ts request for an emergency stay of the TRO should be granted. (Check this: What exactly is being argued today??)

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