Trump v. Cook · ¶88

In my view, today's application could be resolved by evaluating the equities alone. But we have had the benefit of multiple rounds of briefng, oral argument, and the time to consider carefully the legal issues this particular application presents, unlike in many other consequential emergency- docket cases we have decided recently. See, e. g., Labrador v. Poe, 601 U. S. 1110, 1134 (2024) (Jackson, J., dissenting from grant of application for stay). So, I join the Court in reaching a merits conclusion in this case. Still, on the most important stay considerations (the risk of irreparable harm and the equities) this application is not a close call. The Government misses the mark by a mile.

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