Tuesday, March 7, 2017

Muslim Ban 2.0: New TRO Motion Being Filed Overnight, In Hawaii Federal District Court

We just learned that -- right now -- in Honolulu, Hawaii, 45's new executive order (signed yesterday), is being slated for a very rapid briefing and hearing schedule, so that a determination on it may be made prior to the March 16, 2017 effective date, in the Continental United States.

I'll have more tomorrow, once the TRO motion proper is filed, in Honolulu -- but I expect that it will aim squarely at the First Amendment violations in the new order (the ones I and others have been pointing to, and talking about). Here's a bit of the scheduling, in a five page PDF file:

. . . .Namely, the parties propose that: Plaintiffs file their Second Amended Complaint, Motion for a Temporary Restraining Order, and any declarations in support thereof on March 8, 2017; the Government files its Opposition to Plaintiffs’ Motion for a Temporary Restraining Order by 6 AM Hawaii Standard Time on March 13, 2017; Plaintiffs file a Reply by 12 Noon Hawaii Standard Time on March 14, 2017; and both parties prepare to appear at a hearing in this Court with telephonic access available on the morning of March 15, 2017. The parties have also agreed, if it is acceptable to this Court, to seek leave to allow both parties to file briefs of up to 12,000 words for Plaintiffs’ Memorandum of Law in Support of their Motion for a Temporary Restraining Order and the Government’s opposition thereto. . . .

Given that the Executive Order will become effective at 6:01 P.M. Hawaii Standard Time on March 15, 2017, the proposed briefing and argument schedule will enable the Court to consider Plaintiffs’ motion for a temporary restraining order before the Executive Order is scheduled to take effect. . . .

Now you know -- be excellent to one another, until morning, then -- Hawaii time.


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