Mirabelli v. Bonta · ¶36

Indeed, the precipitousness of the Court's decision today has yet a further—and wholly new—dimension: In granting emergency relief, the Court cannot even wait for an appellate court to conclude its own process for deciding the identical issue. As the Court notes, a Ninth Circuit panel last month stayed the District Court's injunction against the challenged policies, pending the State's appeal of that order. See ante, at 495–496. The plaintiffs responded by simultaneously filing two motions—one asking this Court to vacate the panel's stay and the other asking the Ninth Circuit to do the same thing through en banc review. The Ninth Circuit is already acting on the motion fled there: The court promptly called for (and has now received) a response from the State, preparatory to exchanging memoranda and voting on reconsideration of the panel's decision. Regular order counsels that, in this…

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