Dan Epps

Cause the, all the questions in the TRO are questions you're going to ask again at the preliminary junction stage a little more, uh, clearly, uh, But – and I do think we're seeing just an unusually large wave of sort of administrative TROs last month, which some people attribute to the district courts.

Cause the, all the questions in the TRO are questions you're going to ask again at the preliminary junction stage a little more, uh, clearly, uh, But – and I do think we're seeing just an unusually large wave of sort of administrative TROs last month, which some people attribute to the district courts.

When you say administrative TROs – I just mean TROs against administrative actions by the president.

When you say administrative TROs – I just mean TROs against administrative actions by the president.

Well – At TRO, this is the next – At TRO is also kind of administrative stay-like in that the court is saying – Administrative stays are just like, stop what you're doing.

Well – At TRO, this is the next – At TRO is also kind of administrative stay-like in that the court is saying – Administrative stays are just like, stop what you're doing.

Sometimes At TRO is like –

Sometimes At TRO is like –

stop what you're doing so we can at least get some more briefing on this right or stop what we're doing so we can like you know call the boss or whatever but so the there's a kind of sliding scale of uh stop to justification that goes from administrative state a tiro at a preliminary injunction to permanent injunction but anyway i think so i think a recurring question we're going to see is are these tiros you know what's up with these tiros are they immediately appealable or not

stop what you're doing so we can at least get some more briefing on this right or stop what we're doing so we can like you know call the boss or whatever but so the there's a kind of sliding scale of uh stop to justification that goes from administrative state a tiro at a preliminary injunction to permanent injunction but anyway i think so i think a recurring question we're going to see is are these tiros you know what's up with these tiros are they immediately appealable or not

And that's one of the questions the D.C. Circuit and maybe the Supreme Court had to confront here in Dellinger. And D.C. Circuit said, we can't review this. Right. The D.C. Circuit said, this is a TRO. TROs are not ordinarily appealable. You could maybe make an exception under certain circumstances, but we're not going to make an exception.

And that's one of the questions the D.C. Circuit and maybe the Supreme Court had to confront here in Dellinger. And D.C. Circuit said, we can't review this. Right. The D.C. Circuit said, this is a TRO. TROs are not ordinarily appealable. You could maybe make an exception under certain circumstances, but we're not going to make an exception.

Judge Katsas, often a dissenter who gets vindicated by the Supreme Court, I think, dissented and said, no, no, no. I would... I would wade into this one because the district court is so clearly wrong and the impact of the presidency is so large.

Judge Katsas, often a dissenter who gets vindicated by the Supreme Court, I think, dissented and said, no, no, no. I would... I would wade into this one because the district court is so clearly wrong and the impact of the presidency is so large.

Because from one point of view, this is a district court reinstating somebody in the executive branch who the president has removed, which maybe is not how it's supposed to work. And there's some also shadowboxing of other remedies and so on. So Judge Katz has said I would get into it.

Because from one point of view, this is a district court reinstating somebody in the executive branch who the president has removed, which maybe is not how it's supposed to work. And there's some also shadowboxing of other remedies and so on. So Judge Katz has said I would get into it.

And I wonder if it was strategic that the SG picked this case as one of the first of the many sort of Trump TRO cases to bring to the court. And I can't help but wonder if it's in part because the merits are both so good and so conventional. Like a unitary executive claim on behalf of a Republican president, that's like a totally normal thing to expect.

And I wonder if it was strategic that the SG picked this case as one of the first of the many sort of Trump TRO cases to bring to the court. And I can't help but wonder if it's in part because the merits are both so good and so conventional. Like a unitary executive claim on behalf of a Republican president, that's like a totally normal thing to expect.

Different from fighting about shutting down USAID or birthright citizens or whatever.

Different from fighting about shutting down USAID or birthright citizens or whatever.