Trump v. California · ¶65

The Court should have remained focused on what matters under our stay precedents: whether the District Court’s injunction is harming the Government in a manner that warrants equitable relief. Where a significant underlying dispute as to the lawfulness of the Government’s behavior is pending in the lower courts, allowing the Government to obtain interim relief based on isolated, threshold concerns about the justiciability of the plaintiffs’ claims facilitates a patently inequitable Catch-Me-If-You-Can approach to pursuing the President’s policy agenda.

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