Asylum Ban Litigation: Supreme Court Declines to Stay Injunction

In a brief order on Dec. 21, the Supreme Court denied the Trump administration’s request for a stay of the preliminary injunction against the asylum ban issued earlier this week by Judge Jon Tigar of the Northern District of California. The Supreme Court split 5-4, with Chief Justice John Roberts joining Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan. The denial means that the administration will have to first seek review of Judge Tigar’s injunction in the U.S. Court of Appeals for the Ninth Circuit, which earlier had denied the government’s request for a stay of Judge Tigar’s temporary restraining order. Predicting outcomes from preliminary rulings by the Supreme Court is a perilous business. While the court’s denial of a stay could foreshadow a ruling against the government on the merits, it might relate more to the procedural posture of the case. One or more of the justices who voted to deny a stay may believe…

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