Trump v. California · ¶40

The majority says it was speculative to think there would be a final rule at all when this suit was filed, seemingly accepting the Government’s representation that it may not actually implement the Executive Order. Yet even as the Government represents that it may not implement the Executive Order at all for purposes of defeating standing, it insists that it seeks to implement the Executive Order immediately for purposes of establishing irreparable harm. See Application 28–29 (“The irreparable harm is the government’s inability to implement the order as to the November 2026 election in the respondent States”). The Government cannot have it both ways.

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