Trump v. District Court for the Northern District of California
BrynoDC Coverage 2 videos
Overview
Overview
The government has requested the appellate court stay Judge Illston's order requiring certain discovery production and granting a temporary restraining order which prevents the implementation of large scale reductions in force.
The Issue
Issue
Whether the government is entitled to a stay of the district court's order requiring discovery production and enjoining large-scale reductions in force pending appeal.
The Rules
Rule
A court may grant a stay of a lower court's order pending appeal when the applicant demonstrates: (1) likelihood of success on the merits, (2) irreparable harm absent the stay, (3) that the balance of equities favors the applicant, and (4) that the stay serves the public interest.
The Application
Analysis
The government must show it is likely to overturn Judge Illston's order regarding discovery and the temporary restraining order, that the implementation delays cause irreparable harm to the federal government's executive action, and that allowing the reductions in force to proceed outweighs the equitable considerations.
The Conclusion
Conclusion
The motion for stay remains active before the Ninth Circuit, with the appellate court evaluating whether to temporarily suspend the district court's order pending resolution of the underlying appeal.
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