June 26, 2017


It's All About that Stay (and Its Surprising Limits) (Marty Lederman, June 26, 2017, Just Security)

[T]he case will be moot for two other reasons:  For one thing, the 90-day entry ban goes into effect 72 hours from now, at least as to some aliens (see below), and thus it will expire by its terms on September 27.  Moreover, as the Court explains, by October the Section 2 "internal review" should be completed ("[W]e fully expect that the relief we grant today will permit the Executive to conclude its internal work and provide adequate notice to foreign governments within the 90-day life of ยง2(c)."), and therefore the predicate for the entry ban will be kaput by then, too. [...]

The most remarkable thing about the Court's action, today, however, is that it has denied the motions to stay the injunctions not only as applied to aliens with particular relationships to the (U.S. person) plaintiffs in these cases, but also as to other aliens who have analogous relationships with other U.S. persons-"foreign nationals who have a credible claim of a bona fide relationship with a person or entity in the United States"-even if those U.S. persons are not plaintiffs in either of the two cases!  That is a huge victory for the plaintiffs.

Posted by at June 26, 2017 11:57 AM