The Process For Restoring A Nationwide Injunction In East Bay Sanctuary, Is Now Scheduled...Wednesday.

Just as we suggested it would all transpire, back on Friday, the able District Court Judge Jon Tigar has now entered an order scheduling the briefing on the plaintiffs' motion to supplement the record evidence, and restore the nationwide scope of the injunction that the Ninth Circuit illogically cut in two, leaving it encompassing only the Southern Border along the states of California and Arizona (but not Texas and New Mexico). Crazy(?!) -- applying a federal legal order, and interpreting unlawful would be federal rules (from Trump), differently, on a state by state basis. Inside a single case, in front of a single Ninth Circuit panel.

That one pager is set forth in blue text below (PDF link, as well), as well as the original memo of law supporting the reinstating a nationwide injunction order (based on additional showings and declarations), from the ACLU, as a 10 page PDF, here:

. . . .The Court has received Plaintiffs’ Emergency Motion to Consider Supplemental Evidence and Restore the Nationwide Scope of the Injunction. ECF No. 57. Regarding the scheduling of the motion, the Court believes that the neither 48 hours proposed by the Plaintiffs for Defendants to respond, id. at 3, nor the “months” proposed by the Defendants, id. at 4, seems reasonable.

Also, the Court requires more legal briefing from the Plaintiffs than is contained in their Emergency Motion on the legal framework for the issuance of a nationwide injunction, so that both parties can thoroughly address this issue. The Court will therefore invite the Plaintiffs to file an amended brief in support of their motion.

Accordingly, the Court now sets the following schedule: Plaintiffs’ amended opening brief is due August 22, 2019; Defendants’ opposition is due August 29, 2019; and Plaintiffs’ reply is due September 3, 2019.

The Court will conduct a hearing on September 5, 2019 at 9:30 a.m.

IT IS SO ORDERED.

/s/ Jon S. Tigar

Dated: August 19, 2019. . . .

Now you know. Busy busy -- and a good omen for the plaintiffs here.

नमस्ते