Tuesday, October 24, 2017

UPDATE: The Refugees In Maryland File A Cross-Appeal... On Muslim Ban 3.0


Overnight, several of the Maryland plaintiffs who already hold a preliminary, but slightly more limited, injunction -- against 45's Muslim Ban 3.0 taking effect -- have cross-appealed to the Fourth Circuit, presumably to remove the various minor strictures, in the injunction, carefully imposed by the able Judge Theodore Chuang, in Maryland's US District Courts. [He tracked the language of the Supremes' summary orders on procedural matters, from this past summer -- on failed Bans 1.0 and 2.0.]

It matters only a little as a practical matter at the moment, since Judge Derrick Watson's preliminary injunction out of Hawaii's US District Court is broader (and so controls nationwide), and covers the waterfront (until appeals are completed) -- but eventually the Supremes will decide whether to make their own summary admonitions part of an "on the merits" opinion.

So to be safe, IRAP in Maryland is appealing that limited portion of the order and memorandum opinion, to preserve the question, before, and in, an ultimate (2018?) Supreme Court argument day. Now you know -- and baby girl in Vietnam is having a ball -- so I am grinning. . . ear to ear!

नमस्ते

No comments: