Mirabelli v. Bonta · ¶31

The word “likely” is important, because it refects that our assessment is preliminary. We consider the merits not to conclusively resolve them, but because they bear on the limited question before us: Are the parents entitled to the benefit of the judgment entered by the District Court while California tries to overturn that judgment on appeal? The Ninth Circuit—itself acting on an interim basis—said “no.” We disagree. The parents must continue to litigate in the Ninth Circuit, and if necessary, this Court. But in the meantime, the injunction of California's policy—which, incidentally, was entered after a full merits process—remains in place.

preliminary print (page proof)
Source edition
Passage preview. Read in context for the complete text, notes and references.