Trump v. California · ¶86

There was also no need for the District Court to prognosticate when the Government’s own evidence demonstrates its intent to proceed full steam ahead with implementing the Order; nothing in this record portrays any hesitation. This very stay application is a testament to imminent action: The Government asked us to lift the District Court’s injunction precisely because it insisted that it must be permitted to implement the Order by promulgating a final rule ahead of the November election. See Application for Stay 2. There is simply no factual basis for the Court’s contention that the lower courts were engaged in speculation or its suggestion that the Government might yet abandon the full court press the President’s Order has prompted.

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