News Release from Jewell Stewart & Pratt – February 10, 2017 As noted previously, on February 9, 2017, the Ninth Circuit Court of Appeals, in a per curiam order, denied the federal government’s motion for an emergency stay, finding that it failed to show a likelihood of success on the merits of its appeal, and that it also failed to show that the lack of a stay would cause irreparable injury. Therefore, until further action by a court, the order barring implementation of the travel and refugee ban remains in place, and all individuals may apply for visas and admission to the United States without regard to nationality.
In terms of next steps, the U.S. District Court for the Western District of Washington has ordered all briefing associated with the State of Washington and State of Minnesota’s motion for preliminary injunction to be completed by Friday, February 17, 2017. A hearing on the preliminary injunction has not yet been scheduled. In the meantime, the White House may seek Supreme Court intervention although five of the current 8 justices would need to vote to overturn the Circuit Court’s decision (a 4-4 split would simply re-affirm the Circuit Court’s decision).
Update: According to reports, the White House won’t immediately appeal to the Supreme Court, but the Ninth Circuit may re-hear the case en banc.
© Jewell Stewart & Pratt PC 2017