It has been up on appeal to the Ninth Circuit three times -- each time, Trump lost. It is back in the trial court now, to determine whether a Biden-era federal regulation is still good law (Trump has not even tried to repeal it -- yet). So onward, it rumbles, thus:
. . .The Court has reviewed the parties’ joint statement proposing how to proceed on remand. ECF No. 208. The Court agrees with the parties’ proposal to set a deadline for Defendants to notify the Court and Plaintiffs whether “the rule at issue in this case, Circumvention of Lawful Pathways, 88 Fed. Reg. 31,314 (May 16, 2023) (‘the Rule’),” which “will cease applying to new entrants after May 11, 2025,” has been extended. Id. at 1–2.
The Court also agrees that additional briefing would be helpful. However, the parties characterize the briefing as “supplemental motion for summary judgment brief[s],” id. at 2, when there is no motion for summary judgment pending. The Court construes the parties’ statement as requesting leave to file briefing regarding whether the Court’s summary judgment ruling, ECF No. 187, should be modified in light of the two issues noted in the Ninth Circuit’s remand order. . . .
Accordingly, the Court sets the following deadlines:
Defendants to file statement regarding whether the Rule has been extended: May 20, 2025
Plaintiffs to file supplemental opening brief, not to exceed 20 pages, and supporting declarations (if any): June 20, 2025
Defendants to file supplemental opposition brief, not to exceed 20 pages, and supporting declarations (if any): July 22, 2025
Plaintiffs to file supplemental reply brief, not to exceed 12 pages: August 8, 2025. . . .
Onward -- resolutely. But he is. . . a monster.
नमस्ते
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