Trump v. California · ¶37
Nor can I agree that the Government suffers irreparable harm from the portion of the District Court’s injunction tailored to these threatened prosecutions. The majority suggests that the injunction “purports to forbid the Attorney General to implement the President’s enforcement priorities as to those same States.” Ante, at 8– 9. But this portion of the injunction prohibits the Department of Justice and the Attorney General only from “initiating any investigation or prosecution of Plaintiff States . . . stemming from violations or purported violations of the unconstitutional provisions in Sections 2 and 3 of the EO.” Final Judgment in No. 1:26–cv–11581 (D Mass.), ECF Doc. 207, p. 4, ¶2.C. If, as the majority explains, it is “logically impossible for a State to ‘violate’ §2(a),” and §3 “imposes no legal requirements on the States,” ante, at 6– 7, this portion of the injunction would be…Read in context ›
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